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PAOLA v. ESPOSITO

161 A.D.2d 1148 (1990)

Emma Paola, as Executrix of John Esposito, Sr., Deceased, Appellant, v. John Esposito, Jr., Respondent

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

May 11, 1990

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

Leave to amend pleadings "shall be freely given" absent prejudice or surprise resulting directly from the delay in moving to amend (CPLR 3025 [b]; McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 N.Y.2d 755, 757). Since the papers do not indicate that defendant can claim...

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