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SCHWARTZ v. SAYAH

2010-04258.

83 A.D.3d 926 (2011)

920 N.Y.S.2d 714

WALTER SCHWARTZ, Respondent, v. LILY SAYAH, Defendant, and ANDREW W. SAYEGH, Appellant.

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

Decided April 19, 2011.

Ordered that the order is affirmed, with costs.

Leave to amend pleadings should be freely granted (see CPLR 3025 [b]; Thomas Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166, 170 [1989]) in the absence of prejudice or surprise resulting from the delay (see Hartford Cas. Ins. Co. v Vengroff Williams & Assoc., 306 A.D.2d 435, 436 [2003]). Moreover, where the motion...

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