MAYA'S BLACK CREEK, LLC v. ANGELO BALBO REALTY CORP.

2010-00887.

82 A.D.3d 1175 (2011)

920 N.Y.S.2d 172

MAYA'S BLACK CREEK, LLC, Doing Business as ARLINGTON BAR AND GRILL, Appellant, v. ANGELO BALBO REALTY CORP., Respondent.

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

Decided March 29, 2011.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for leave to amend the complaint to add causes of action for a judgment declaring that it has an easement by prescription or an easement by necessity over the subject real property is granted, and the defendant's cross motion is denied.

Generally, leave to amend a pleading pursuant to CPLR 3025 (b) should be freely granted in the absence of prejudice or surprise resulting directly from...

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