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PENSEE ASSOCS., LTD. v. SHIH-SHONG

199 A.D.2d 73 (1993)

605 N.Y.S.2d 35

Pensee Associates, Ltd., Appellant, v. Quon Shih-Shong et al., Respondents

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

December 9, 1993

It is axiomatic that leave to amend pleadings should be freely given (CPLR 3025 [b]), that the determination of whether to allow or disallow the amendment is committed to the court's discretion (Murray v City of New York, 43 N.Y.2d 400, 404-405), and that in the absence of surprise or prejudice, it is an abuse of discretion, as a matter of law, for the trial court to deny leave to amend...

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