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BIAGGI & BIAGGI v. 175 MED. VISION PROPS., LLC

2012-01529.

105 A.D.3d 790 (2013)

961 N.Y.S.2d 807

2013 NY Slip Op 2365

BIAGGI & BIAGGI, Appellant, v. 175 MEDICAL VISION PROPERTIES, LLC, et al., Respondents.

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

Decided April 10, 2013.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered February 1, 2012, which granted the defendants' motion for leave to amend the answer to include five counterclaims.

Ordered that the order is affirmed, with costs.

Leave to amend the pleadings "shall be freely given" absent prejudice or surprise resulting directly from the delay (CPLR 3025...

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