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DeGRADI v. CONEY ISLAND MED. GROUP

172 A.D.2d 582 (1991)

John DeGradi, Individually and as Administrator of The Estate of Stella DeGradi, Deceased, Respondent, v. Coney Island Medical Group, P. C., et al., Appellants

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

April 8, 1991

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion to amend their answer so as to interpose the affirmative defense of the Statute of Limitations. It is well settled that leave to serve an amended answer should be freely granted "unless the amendment sought is palpably...

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