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SCOFIELD v. DeGROODT

2007-09261

2008 NY Slip Op 07229

GARY SCOFIELD, ET AL., appellants, v. JOHN DeGROODT, ET AL., respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Goldstein & Metzger, LLP, Poughkeepsie, N.Y. (Paul J. Goldstein of counsel), for appellants.

David A. Sears, Poughkeepsie, N.Y., for respondents.

Before: Peter B. Skelos, J.P., David S. Ritter, Mark C. Dillon, Edward D. Carni, John M. Leventhal, JJ.

DECISION & ORDER

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 unless the proposed...

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