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KINZER v. BEDERMAN

59 A.D.3d 496 (2009)

873 N.Y.S.2d 692

LOUISE KINZER et al., Respondents, v. ROSS BEDERMAN et al., Appellants.

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

Decided February 10, 2009.

Ordered that the order is reversed, on the law, with costs, the defendants' motion to strike scandalous and prejudicial language from the complaint is granted, and the plaintiffs' cross motion for leave to serve an amended complaint is denied.

Leave to amend a complaint is to be freely granted, provided that the proposed amendment does not prejudice or surprise the defendant, is not patently devoid of merit, and is not palpably...

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