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CARUSO v. ANPRO, LTD.

215 A.D.2d 713 (1995)

627 N.Y.S.2d 72

Anneliese Caruso, Respondent, v. Anpro, Ltd., et al., Appellants, et al., Defendants

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

May 30, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

While leave to amend a pleading should be freely given (CPLR 3025 [b]), the decision whether to grant such leave is within the court's sound discretion, to be determined on a case-by-case basis (see, Mayers v D'Agostino, 58 N.Y.2d 696). In exercising its discretion, the court will consider how long the amending party was aware of the facts upon...

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