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LUCIDO v. MANCUSO

49 A.D.3d 220 (2008)

851 N.Y.S.2d 238

GRACE RUTH LUCIDO, as Administratrix of the Estate of THOMAS LUCIDO, Deceased, Appellant, v. MARY MANCUSO, Defendant, and GREENBURGH PARTNERSHIP No. 26 et al., Defendants and Third-Party Plaintiffs-Respondents. DELCON CONSTRUCTION CORPORATION, Third-Party Defendant-Respondent.

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

February 1, 2008.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for appellant.

Quirk and Bakalor, P.C., New York City (Gloria B. Dunn of counsel), for defendants and third-party plaintiffs-respondents.

Ford Marrin Esposito Witmeyer & Glesser, LLP, New York City (Joseph D'Ambrosio and Andrew I. Mandelbaum of counsel), for third-party defendant-respondent.

FISHER, RITTER, COVELLO and DICKERSON, JJ., concur.

OPINION OF THE COURT

CRANE, J.P.

More than 50 years ago, this Court held that a plaintiff seeking leave to amend a complaint to add a cause of action alleging wrongful death must make a competent showing of merit. In general, however, an application for leave to amend a pleading pursuant to CPLR 3025 (b) is governed by a substantially more permissive standard. In the absence of prejudice or surprise resulting directly...

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