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IN THE MATTER OF HABERMAN v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH

2009-05689.

78 A.D.3d 945 (2010)

912 N.Y.S.2d 408

In the Matter of SINCLAIR HABERMAN et al., Appellants, v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH et al., Respondents.

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

Decided November 16, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants' motion which was to amend the complaint to add a sixth cause of action against the City of Long Beach and the Zoning Board of Appeals of the City of Long Beach to recover damages for a temporary taking. Although leave to amend a pleading should be freely granted (see CPLR 3025 [b]), it may be denied where the proposed amendment...

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