CONSOL. EDISON CO. OF NEW YORK, INC. v. GEN. ACCIDENT INS. CO.


204 A.D.2d 164 (1994)

611 N.Y.S.2d 199

Consolidated Edison Company of New York, Inc., Respondent, v. General Accident Insurance Company, Appellant, et al., Defendant

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

May 17, 1994


The IAS Court did not abuse its discretion in granting plaintiff Con Edison leave to amend its complaint to add a cause of action for reformation of an insurance policy against defendant General Accident so as to conform the pleadings with the evidence proffered by plaintiff (CPLR 3025 [c]), and in denying defendant-appellant's cross-motion for summary judgment dismissing the complaint, since CPLR 3025 (b) provides that leave to...

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