The motion court should have granted defendants leave to amend the answer (see CPLR 3025 [b]). Although the motion was made approximately three years after defendants answered the complaint, plaintiff did not and could not reasonably claim to have been prejudiced or surprised by the request to amend the answer (see Solomon Holding Corp. v Golia,
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ARELLANO v. HSBC BANK USA
1507.
67 A.D.3d 554 (2009)
888 N.Y.S.2d 398
2009 NY Slip Op 08491
ROD ARELLANO, Respondent, v. HSBC BANK USA et al., Appellants, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 19, 2009.
Decided November 19, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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