MADISON-MURRAY ASSOCS. v. PERLBINDER


188 A.D.2d 362 (1992)

Madison-Murray Associates, Respondent, v. Barton M. Perlbinder, Appellant

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

December 10, 1992


We find that the court was within its discretion in permitting plaintiff to amend the complaint to assert additional allegations of breaches by defendant of the lease between the parties and to seek damages and injunctive relief. Such leave should be freely given (CPLR 3025 [b]). An examination of plaintiff's new claims reveals that questions of fact remain as to whether plaintiff's assertions, if true, constitute a breach on defendant's part of the alterations clause of...

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