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MONOVAR ENTERS. SUFFOLK, INC. v. CALCANES

216 A.D.2d 446 (1995)

628 N.Y.S.2d 543

Monovar Enterprises Suffolk, Inc., Respondent, v. James Calcanes, Appellant

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

June 19, 1995

Ordered that the order is affirmed, with costs.

Since the proposed amendments to the plaintiff's complaint would not create prejudice or surprise, the Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to amend (see, CPLR 3025 [b]; Corsale v Pantry Pride Supermarket, 197 A.D.2d 659; Barbour v Hospital for Special Surgery, 169 A.D.2d 385

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