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KOCAK v. EGERT

280 A.D.2d 335 (2001)

722 N.Y.S.2d 227

NURI KOCAK et al., Appellants, v. BRUCE EGERT et al., Respondents.

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

Decided February 13, 2001.

The motion court improvidently exercised its discretion in denying leave to serve the proposed amended complaint. Where, as here, the proposed amended pleading stated meritorious causes of action supported by affidavits and evidentiary showings, and there was no apparent prejudice to the opposing party, leave to amend is to be "freely given" (CPLR 3025 [b]; see, Barbour v Hospital for Special Surgery, 169 A.D.2d 385; Daniels v...

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