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SPITZER v. SCHUSSEL

48 A.D.3d 233 (2008)

850 N.Y.S.2d 431

ELIOT SPITZER, as Attorney General of the State of New York, Appellant, v. RICK SCHUSSEL et al., Respondents.

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

Decided February 5, 2008.

Generally, leave to amend a pleading is freely granted in the absence of prejudice or surprise to the opposing party. Mere lateness is not a barrier to amendment. To establish prejudice, which must be significant (see Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957 [1983]), there must be some indication that the opposing party will have been hindered in the preparation of its case or prevented from taking some measure to support...

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