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ZABAS v. KARD

194 A.D.2d 784 (1993)

599 N.Y.S.2d 832

Christina J. Zabas, an Infant, by Her Parent and Natural Guardian, Joseph F. Zabas, Jr., et al., Respondents, v. William J. Kard et al., Appellants, et al., Defendant. (Action No. 1.) Josephine C. Zabas et al., Respondents, v. William J. Kard et al., Appellants. (Action No. 2.)

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

June 28, 1993

Ordered that the order is reversed, without costs or disbursements, and the motions are denied.

While it is true that motions for leave to amend pleadings are to be liberally granted in the absence of prejudice or surprise (see, McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 N.Y.2d 755, 757; CPLR 3025 [b]), it is equally true that the court should examine the sufficiency of the merits...

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