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CAFE LUGHNASA INC. v. A&R KALIMIAN LLC

10112N, 100457/14.

176 A.D.3d 523 (2019)

111 N.Y.S.3d 268

2019 NY Slip Op 07496

Cafe Lughnasa Inc., Appellant, v. A&R Kalimian LLC, Respondent.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Michael Stepper , New York, for appellant.

Rosenberg & Estis, P.C., New York ( Brett B. Theis of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Kapnick, Gesmer, Kern, JJ.

The court properly denied plaintiff's motion to amend the second amended complaint on the ground that the proposed amendments lack merit and would delay discovery and trial in this action. Leave to amend a pleading should be "freely given" (CPLR 3025[b]) "as a matter of discretion in the absence of prejudice or surprise" (Stroock & Stroock & Lavan v Beltramini, 157 A.D.2d 590, 591 [1st Dept 1990]). However, leave will be...

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