McGOWAN v. RPC REALTY CORPORATION


46 A.D.3d 771 (2007)

848 N.Y.S.2d 332

EUGENE McGOWAN et al., Appellants, v. RPC REALTY CORPORATION et al., Respondents.

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

Decided December 18, 2007.


Ordered that the order is affirmed, with costs.

"This Court has consistently maintained that `while leave to amend a pleading shall be freely granted (see CPLR 3025 [b]), a motion to amend is committed to the broad discretion of the trial court ... and the resulting determination `will not lightly be set aside'" (F.G.L. Knitting Mills v 1087 Flushing Prop., 191 A.D.2d 533,

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