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GLOBAL BUSINESS INSTITUTE v. RIVKIN RADLER LLP

4563N, 104918/06.

82 A.D.3d 553 (2011)

918 N.Y.S.2d 478

GLOBAL BUSINESS INSTITUTE, Appellant, v. RIVKIN RADLER LLP, Respondent.

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

Decided March 17, 2011.

The motion court improvidently exercised its discretion in denying plaintiff's motion. Leave to amend the pleadings is freely granted, absent prejudice (see Mandel, Resnik & Kaiser, P.C. v E.I. Elecs., Inc., 41 A.D.3d 386, 388 [2007]; see also Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18 [1981]), and plaintiff has stated, at this juncture, a cognizable claim against...

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