LEVINE v. LEVINE


286 A.D.2d 423 (2001)

729 N.Y.S.2d 904

JULIE LEVINE, Appellant, v. ROBERT LEVINE, Respondent.

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

Decided August 20, 2001.


Ordered that the order is reversed, with costs, the motion is granted, and the proposed amended complaint is deemed served.

Leave to amend a pleading should be freely given (see, CPLR 3025 [b]). Although the determination as to whether to grant leave is generally left to the sound discretion of the trial court (see, Sidor v Zuhoski, 257 A.D.2d 564), the Supreme Court improvidently exercised its discretion in denying...

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