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NEWTON v. AQUA FLO CO.

106 A.D.2d 919 (1984)

Carlton L. Newton, Individually and as Executor of Madeline A. Newton, Deceased, Respondent, v. Aqua Flo Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 14, 1984

Order unanimously reversed, without costs, and motion granted.

Memorandum:

In an action to recover damages for wrongful death, defendants appeal from an order which denied their motion to amend their answer to assert an affirmative seatbelt defense. Absent prejudice or surprise, leave to amend shall be freely granted (CPLR 3025, subd [b]). Upon consideration of the motion, Special Term should not examine the merits...

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