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MOHAMMED v. CITY OF NEW YORK

242 A.D.2d 321 (1997)

661 N.Y.S.2d 249

Tariq Mohammed, an Infant, by Mohammed Ahmad, His Parent and Natural Guardian, et al., Respondents, v. City of New York et al., Defendants, Jose Martinez, Appellant, and Orlando Santana, Respondent

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

August 18, 1997

Ordered that the order is affirmed, with one bill of costs payable by the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in denying the motion of Jose Martinez to amend his answer to change an admission to a denial of the allegation that he had given the defendant Orlando Santana permission to drive his car. This Court has consistently maintained that "while leave to amend a pleading shall be freely...

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