CENTURY 21 PETREY REAL ESTATE, INC. v. RYAN & WALIS REALTY, INC.


284 A.D.2d 491 (2001)

726 N.Y.S.2d 582

CENTURY 21 PETREY REAL ESTATE, INC., Plaintiff, v. RYAN & WALIS REALTY, INC., et al., Defendants. (Action No. 1.) RYAN & WALIS REALTY, INC., et al., Appellants, v. CENTURY 21 PETREY REAL ESTATE, INC., et al., Respondents. (Action No. 2.)

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

Decided June 25, 2001.


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the second amended complaint is deemed served.

The Supreme Court improvidently exercised its discretion in denying the appellants' motion for leave to serve a second amended complaint. The appellants sufficiently demonstrated the merits of their proposed pleading and the respondents failed to establish any prejudice resulting from...

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