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GUILIANO v. CARLISLE

296 A.D.2d 438 (2002)

744 N.Y.S.2d 895

BIAGIO GUILIANO, Respondent, v. RAYMOND G. CARLISLE et al., Defendants, HIGHVIEW-NYACK PROPERTIES, INC., Respondent, and LAW FIRM OF HOWARD MANN, Appellant. (And Three Third-Party Actions.)

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

Decided July 8, 2002.

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

The determination whether to grant leave to amend a pleading is within the sound discretion of the court (see Mayers v D'Agostino, 58 N.Y.2d 696, 698), to be determined on a case-by-case basis. Not only is the determination to grant leave to amend discretionary, but such a determination...

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