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CHRISTOPHER FLOWERS v. 73RD TOWNHOUSE LLC

3638N, 651036/10.

149 A.D.3d 420 (2017)

2017 NY Slip Op 02611

52 N.Y.S.3d 81

J. CHRISTOPHER FLOWERS, Appellant, v. 73RD TOWNHOUSE LLC et al., Respondents.

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

Decided April 4, 2017.

Defendants failed to show that they would be prejudiced by the amendment (see CPLR 3025 [b]; Cherebin v Empress Ambulance Serv., Inc., 43 A.D.3d 364, 365 [1st Dept 2007]). Mere delay is not a sufficient basis on which to deny amendment (Cherebin, 43 AD3d at 365). Defendants' argument that plaintiff's new theory is surprising and will require further discovery is unavailing...

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