ANTWERPSE DIAMANTBANK v. NISSEL


27 A.D.3d 207 (2006)

810 N.Y.S.2d 180

ANTWERPSE DIAMANTBANK N.V., Appellant, v. NEAL J. NISSEL, Certified Public Accountant, et al., Respondents.

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

March 2, 2006.


It is well settled that leave to amend a pleading shall be freely granted absent prejudice or surprise resulting from the delay (CPLR 3025 [b]). Despite the passage of a year since the filing of the original answer, there was no prejudice to plaintiff because of the lack of significant discovery or other progress in the case (Seda v New York City Hous. Auth., 181 A.D.2d 469 [1992], lv denied 80 N.Y.2d 759 [1992]; see also...

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