MARTIN v. VILLAGE OF FREEPORT

2009-00265

71 A.D.3d 745 (2010)

896 N.Y.S.2d 175

ANDREA MARTIN et al., Respondents, v. VILLAGE OF FREEPORT, Appellant, et al., Defendants.

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

Decided March 9, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the plaintiff Andrea Martin, as guardian of Antoinette M., an incapacitated person, which was for leave to amend the complaint to assert a derivative claim against the appellant is denied.

Although leave to amend a complaint should be freely given (see CPLR 3025[b]), a court should deny a motion for leave to amend a complaint if the proposed...

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