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MATTER OF POLISH YOUTH ASSOCIATION v. DOM, INCORPORATED

2009-10069.

77 A.D.3d 838 (2010)

909 N.Y.S.2d 372

In the Matter of POLISH YOUTH ASSOCIATION et al., Respondents, v. DOM, INCORPORATED, et al., Appellants.

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

Decided October 19, 2010.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3025(b), leave to amend a pleading "shall be freely given upon such terms as may be just." Nonetheless, a motion for leave to amend a pleading will be denied where the proposed amendment is palpably insufficient, is patently devoid of merit, or would prejudice or surprise the opposing party (see Sheila Props., Inc. v A Real Good Plumber, Inc., 59 A.D.3d 424

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