Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion which was for leave to serve an amended complaint is granted.
The Supreme Court should have granted that branch of the plaintiff's cross motion which was for leave to serve an amended complaint to assert a new theory of recovery. In reaching its determination, the Supreme Court concluded that the plaintiff had waived her right to seek leave to amend...
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