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M.A. ANGELIADES, INC. v. HILL INTERNATIONAL, INC.

4122N. 601955/09.

150 A.D.3d 607 (2017)

2017 NY Slip Op 04216

52 N.Y.S.3d 634

M.A. ANGELIADES, INC., Respondent, v. HILL INTERNATIONAL, INC., Appellant, et al., Defendants.

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

Decided May 25, 2017.

The motion court properly exercised its discretion in allowing plaintiff to amend the complaint, because the facts underlying the amendment were made known to defendant when the original complaint was filed and the amendment seeks only to add a new theory of liability based on those facts (see Estrella v New York City Tr. Auth., 6 A.D.3d 305, 306 [1st Dept 2004]). Although defendant had the burden to establish prejudice, it submitted...

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