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SILVIN v. KARWOSKI

242 A.D.2d 945 (1997)

662 N.Y.S.2d 656

Jeri S. A. Silvin et al., Respondents, v. Sharon M. Karwoski, Appellant

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

September 30, 1997

Order unanimously affirmed with costs.

Memorandum:

In the absence of prejudice to the nonmoving party and where the amendment is not "plainly lacking in merit" (Sabol & Rice v Poughkeepsie Galleria Co., 175 A.D.2d 555, 556), leave to amend pleadings should be "freely given" (CPLR 3025 [b]). In light of the facts that defendant, who had a serious long-term alcohol problem, drove her automobile at the time of the...

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