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WASHBURN v. A.

190 A.D.2d 1057 (1993)

Clyde Washburn, Appellant-Respondent, v. Citibank (South Dakota), N. A., Respondent-Appellant

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

February 5, 1993

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's cross motion to amend his complaint to assert a cause of action for negligent misrepresentation. While leave to amend pleadings is to be freely given (see, CPLR 3025 [b]; Brinati v Southlake Props. Corp., 162 A.D.2d 961), where, as here, the proposed amendment...

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