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BRINATI v. SOUTHLAKE PROPS. CORP.

162 A.D.2d 961 (1990)

Thomas A. Brinati, as Executor of Jerome S. Morris, Deceased, Respondent, v. Southlake Properties Corporation et al., Defendants, and Russ Kidd, Inc., et al., Intervenors-Appellants

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

June 22, 1990

Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Leave to amend pleadings should be freely granted (see, CPLR 3025 [b]). In the instant case, because the intervenors' claim of criminal usury is supported by sufficient proof, we conclude that Supreme Court erred in denying their motion for leave to amend their answer (cf., Newton v Aqua Flo Co.,

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