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POMERANCE v. McGRATH

13929, 650129/11.

124 A.D.3d 481 (2015)

BRENDA POMERANCE, on Behalf of Herself and in the Right of 310 WEST 52 STREET CONDOMINIUM ASSOCIATION, Respondent-Appellant, v. BRIAN SCOTT McGRATH et al., Appellants-Respondents.

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

Decided January 20, 2015.

Plaintiff was not prohibited from amending her amended complaint, and plaintiff's mere lateness in moving to amend is not a barrier to amendment (Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959 [1983]). Nor have defendants shown that they were prejudiced by plaintiff's delay (see id.). Defendants' alleged expenditure of $200,000 in legal fees so far does not constitute prejudice (see e.g. Jacobson v McNeil Consumer...

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