Appellate Division of the Supreme Court of New York, 1977

Home Indemnity Co. v. City of Long Beach

Home Indemnity Co. v. City of Long Beach
Appellate Division of the Supreme Court of New York · Decided May 2, 1977
57 A.D.2d 832; 393 N.Y.S.2d 921; 1977 N.Y. App. Div. LEXIS 12034
Home Indemnity Co. v. City of Long Beach

Opinion of the Court

In an action inter alia, on a contract, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated November 22, 1976, as, upon granting its motion for reargument, adhered to that portion of a prior order of the same court which granted defendant-respondent’s motion for leave to amend its answer. Order affirmed insofar as appealed from, with $50 costs and disbursements. Leave to amend pleadings shall be freely given, unless substantial prejudice can be demonstrated (CPLR 3025). Plaintiff-appellant’s claim of prejudice is too speculative to justify denying defendant’s motion for leave to amend its answer. Hopkins, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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