ESTATE OF PETER HORAN v. TOWN OF SMITHTOWN


282 A.D.2d 498 (2001)

722 N.Y.S.2d 885

ESTATE OF PETER HORAN, Respondent, v. TOWN OF SMITHTOWN et al., Appellants.

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

Decided April 9, 2001.


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

The Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to serve and file an amended complaint asserting additional factual allegations and two new causes of action (see, Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957; CPLR 3025 [b]). The proposed amendment does not fundamentally...

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