MATTER OF SEGARRA v. CLAUSEN

2017-08124. Index No. 2370/17.

153 A.D.3d 834 (2017)

57 N.Y.S.3d 910

2017 NY Slip Op 06280

In the Matter of Luis A. SEGARRA et al., Appellants, v. MATTHEW B. CLAUSEN, Respondent, et al., Respondent.

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

Decided August 23, 2017.


Ordered that the final order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the motion of Luis A. Segarra and Robert M. Sullivan for leave to amend their pleadings to conform to the evidence is granted, and the petition, as amended, inter alia, to validate the designating petition is granted.

Under the particular circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the petitioners...

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