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STOIANOFF v. FRANCIS

172 A.D.2d 744 (1991)

Carroll B. Stoianoff, Appellant, v. Arthur Francis et al., Defendants, and Professional Care, Inc., Respondent

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

April 22, 1991

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly exercised its discretion in denying the plaintiff's motion pursuant to CPLR 3025 (b) for leave to serve an amended complaint which was made on the eve of trial. Although leave to serve an amended pleading is to be freely granted (see, CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957; McCaskey,...

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