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CARDOZO v. MIDWAY MOTOR HOTEL

251 A.D.2d 442 (1998)

675 N.Y.S.2d 548

Gustavo Cardozo, Respondent, v. Midway Motor Hotel, Appellant

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

June 15, 1998

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

It is well established that absent prejudice or surprise to the opposing party, leave to amend a pleading is to be freely given upon such terms as are just. In addition, the granting of such leave is committed to the sound discretion of the trial court and must be determined on a case by case basis (see, CPLR 3025 [b]; Skinner v Scobbo

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