HOGARTH v. CITY OF SYRACUSE


238 A.D.2d 887 (1997)

660 N.Y.S.2d 779

Patricia Hogarth, Individually and as Parent and Natural Guardian of Amanda Hart, an Infant, Appellant-Respondent, v. City of Syracuse, Respondent-Appellant, and Town of Geddes, Respondent. (Appeal No. 1.)

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

April 25, 1997


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of plaintiff to amend her complaint to add a new cause of action alleging that the injuries sustained by plaintiff's daughter were the result of the willful and intentional conduct of defendants. Leave to amend should be freely given (see, CPLR 3025 [b]), and the decision whether to grant such a motion is within the sound discretion of the court (

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