FITZGERALD v. CONROY


57 A.D.3d 939 (2008)

869 N.Y.S.2d 800

AIMEE J. FITZGERALD, Appellant, v. WILLIAM CONROY et al., Respondents.

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

December 30, 2008.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the plaintiff's motion for leave to serve an amended complaint is granted.

Balancing all relevant factors, and under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to serve an amended complaint (see CPLR 3025 [b]; 105 [u]; Thomsen v Suffolk...

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