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PRIESTLEY v. PANMEDIX INC.

16496N, 114874/10.

134 A.D.3d 642 (2015)

23 N.Y.S.3d 171

2015 NY Slip Op 09623

KATHERINE PRIESTLEY, Respondent-Appellant, v. PANMEDIX INC. et al., Defendants, and BALLON, STOLL, BADER & NADLER, PC, et al., Appellants-Respondents.

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

Decided December 29, 2015.

While defendants argue that plaintiff's motion was not timely, they do not indicate that they suffered "prejudice or surprise" as a result (360 W. 11th LLC v ACG Credit Co. II, LLC, 90 A.D.3d 552, 553 [1st Dept 2011]). In any event, the record supports a finding that plaintiff moved to amend the complaint shortly after the judgment became final.

Plaintiff is entitled to amend the complaint to assert a claim for aiding and...

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