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ST. PAUL FIRE & MARINE INSURANCE COMPANY v. TOWN OF HEMPSTEAD

291 A.D.2d 488 (2002)

738 N.Y.S.2d 226

ST. PAUL FIRE & MARINE INSURANCE COMPANY et al., Plaintiffs, v. TOWN OF HEMPSTEAD et al., Respondents, and KEVLAN CORP. et al., Appellants.

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

Decided February 19, 2002.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted.

The Supreme Court erred in denying the appellants' motion for leave to amend their answer to assert cross claims for contribution and indemnification. CPLR 3025 (b) provides that leave to amend pleadings should be "freely given." While the decision to permit or deny the amendment is entrusted to the sound discretion of...

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