FLAGSTAR BANK, FSB v. DAVIS

2016-04057. Index No. 16906/13.

178 A.D.3d 670 (2019)

111 N.Y.S.3d 219

2019 NY Slip Op 08655

Flagstar Bank, FSB, Respondent, v. Camille Davis, Appellant, et al., Defendants.

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

Decided December 4, 2019.


Attorney(s) appearing for the Case

Stephen C. Silverberg , PLLC, Uniondale, NY, for appellant.

Davidson Fink LLP, Rochester, NY ( Richard N. Franco of counsel), for respondent.

Mastro, J.P., Roman, Connolly and Iannacci, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

"A party may amend his or her pleading ... at any time by leave of court" (CPLR 3025[b]). "Applications to amend pleadings are within the sound discretion of the court" (Kimso Apts., LLC v Gandhi, 24 N.Y.3d 403, 411 [2014]; see Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959 [1983]; Sudit v Labin...

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