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MATTER OF BLUMENTHAL v. KINGSFORD

14 A.D.3d 401 (2005)

788 N.Y.S.2d 354

In the Matter of MICHAEL V. BLUMENTHAL et al., as Coexecutors of ROBERT K. MARCECA, Deceased, Appellants, v. DANIEL KINGSFORD, Respondent.

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

January 18, 2005.

While the better procedure would have been to allow joinder of the proposed respondents, if jurisdiction over them could be had, since, absent prejudice or surprise, leave to amend pleadings should be freely given (Battery Bldg. Maintenance Co. v 888 Seventh Ave. Assoc., 157 A.D.2d 556 [1990]; CPLR 3025 [b]), the record shows that before commencing the proceeding, petitioners were aware of the proposed respondents' receipt of allegedly...

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