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CENTRIFUGAL ASSOCS., INC. v. HIGHLAND METAL INDUS., INC.

193 A.D.2d 385 (1993)

597 N.Y.S.2d 49

Centrifugal Associates, Inc., Respondent, v. Highland Metal Industries, Inc., Appellant

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

May 4, 1993

In general, leave to amend should be freely granted in the absence of prejudice or surprise, upon showing that the proposed amendment has merit (Stroock & Stroock & Lavan v Beltramini, 157 A.D.2d 590, 591). We agree with the IAS Court that there was no showing of prejudice or surprise. As for the merits, inasmuch as the validity of the first cause of action is dependent upon numerous unresolved factual issues peculiarly within...

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