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FERRIOLA v. DiMARZIO

2010-09235.

83 A.D.3d 657 (2011)

919 N.Y.S.2d 871

JEANNINE FERRIOLA et al., Respondents, v. PETER DiMARZIO et al., Defendants, and CHARLES BARRESI, Appellant.

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

Decided April 5, 2011.

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

In the absence of significant prejudice or surprise to the opposing party, leave to amend a pleading should be freely given (see CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959 [1983]) unless the proposed amendment is palpably insufficient or patently devoid of merit (see Bernardi v Spyratos, 79...

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