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FAIRPOINT COMPANIES, LLC v. VELLA

16503N, 102016/12, 590538/12, 150611/12.

134 A.D.3d 645 (2015)

22 N.Y.S.3d 49

2015 NY Slip Op 09629

FAIRPOINT COMPANIES, LLC, Plaintiff, v. NANCY McCORMICK VELLA et al., Defendants. MID-ATLANTIC WATERPROOFING OF NY, INC., Third-Party Plaintiff, v. MARLBORO GROUP INTERNATIONAL, LLC, Third-Party Defendant. NANCY McCORMICK VELLA, Appellant, v. FAIRPOINT COMPANIES, LLC, Respondent.

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

Decided December 29, 2015.

Leave to amend a pleading" `shall be freely given' absent prejudice or surprise resulting directly from the delay" (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 N.Y.2d 755, 757 [1983]; see also CPLR 3025 [b]). The movant need not establish the merit of her proposed new allegations, but only that "the proffered amendment is not palpably insufficient or clearly devoid of merit" (MBIA Ins. Corp...

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