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GARGUILO v. PORT AUTH. OF N.Y. & N.J.

115054/08, 682, 681.

137 A.D.3d 708 (2016)

2016 NY Slip Op 02534

ANTHONY GARGUILO, Appellant, v. PORT AUTHORITY OF NEW YORK & NEW JERSEY et al., Respondents.

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

Decided March 31, 2016.

"Leave to amend pleadings, including a bill of particulars, is to be freely given, absent prejudice or surprise" (Cherebin v Empress Ambulance Serv., Inc., 43 A.D.3d 364, 365 [1st Dept 2007]). However, "[w]hen an amendment to a pleading or a bill of particulars is sought at or on the eve of trial, judicial discretion in allowing such amendment should be discreet, circumspect, prudent and...

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