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SCOFIELD v. DEGROODT

54 A.D.3d 1017 (2008)

864 N.Y.S.2d 174

GARY SCOFIELD et al., Appellants, v. JOHN DEGROODT et al., Respondents.

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

September 30, 2008.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to amend the complaint, inter alia, to add a cause of action alleging unjust enrichment and to recover in quantum meruit. In the absence of prejudice or surprise to the opposing party, a motion for leave to amend the complaint pursuant to CPLR 3025 (b) should be freely granted...

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