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  5. 59 N.Y.2d 755 (1983)
 

McCASKEY, DAVIES & ASSOCS., INC. v. NEW YORK CITY HEALTH & HOSPS. CORP.

59 N.Y.2d 755 (1983)

McCaskey, Davies and Associates, Inc., Appellant, v. New York City Health & Hospitals Corporation, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1983.

Attorney(s) appearing for the Case

Joan M. Genchi and Frederic Block for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (William Barish of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be modified by reversing so much of it as granted defendant's motion for summary judgment dismissing the complaint and by denying defendant's motion for that relief, and, as so modified, affirmed.

Leave to amend the pleadings "shall be freely given" absent prejudice or surprise resulting directly from the delay (CPLR...

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