GRACZYK v. WHITE


112 A.D.2d 775 (1985)

William M. Graczyk, Appellant, v. Sandra E. White et al., Respondents

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

July 12, 1985


Order modified, in the exercise of discretion, to provide that the granting of defendants' motion be conditioned upon defendants paying to plaintiff $500 in view of the costs and inconvenience incident to the delay and that plaintiff be allowed a continuance for additional preparation (CPLR 3025 [b]), and, as modified, affirmed, without costs.

Callahan, J. (dissenting).

While leave to amend a pleading should be freely granted (CPLR 3025 [b]),...

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