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NAT'L STATES ELEC. CORP. v. INS. CO. OF NORTH AM.

123 A.D.2d 424 (1986)

National States Electric Corp., Respondent, v. Insurance Company of North America et al., Appellants. (Action No. 1.) Western Engine Co., Appellant, v. National States Electric Corp., Respondent. (Action No. 2.)

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

September 29, 1986

Order affirmed, with costs.

The appellants in action No. 1 have not alleged any actual prejudice resulting from the proposed amendment to the complaint sufficient to justify the denial of the respondent's motion to amend the complaint (see, Sentry Ins. Co. v Kero-Sun, Inc., 122 A.D.2d 204). In view of the fact that the two actions pending between the parties are based on...

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