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J.J. DETWEILER ENTERS., INC. v. YAZOWSKI

207 A.D.2d 1033 (1994)

617 N.Y.S.2d 699

J.J. Detweiler Enterprises, Inc., Also Known as J.J. Detweiler, Inc., Appellant, v. Charlotte Yazowski, Respondent

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

September 30, 1994

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court should have granted plaintiff leave to amend its complaint. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025 [b]). We do not rule upon the merits or legal sufficiency of the proposed amendment (see, Kusak v Allstate Ins. Co., 190 A.D.2d 1050

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