KOWALSKI v. GREDZICKI


197 A.D.2d 872 (1993)

604 N.Y.S.2d 871

Joseph Kowalski et al., Individually and as Parents and Natural Guardians of Joseph Kowalski, an Infant, Appellants, v. Jeffrey Gredzicki et al., Respondents

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

October 1, 1993


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

Memorandum:

Supreme Court erred in denying plaintiffs' motion for leave to amend the complaint. CPLR 3025 (b) provides that "[a] party may amend his pleading * * * at any time by leave of court * * * Leave shall be freely given" (emphasis added). In view of defendants' failure to show actual prejudice resulting from the proposed amendments, plaintiffs' motion should have been granted...

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