FIUMARA v. C & S WHOLESALE GROCERS, INC.


33 A.D.3d 959 (2006)

822 N.Y.S.2d 731

GARY FIUMARA et al., Respondents, v. C & S WHOLESALE GROCERS, INC., Appellant.

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

Decided October 31, 2006.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and the proposed amended answer, in the form annexed to the defendant's moving papers, is deemed served upon the plaintiffs upon service of a copy of this decision and order.

The Supreme Court should have granted the defendant's motion for leave to amend its answer. It cannot be said that the proposed amendment was palpably insufficient or patently...

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