Murphy v. Capone
Opinion of the Court
In an action, inter alia, to recover damages for defamation, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Palella, J.), entered July 14, 1989, as granted that branch of the plaintiffs motion which was for leave to serve a third amended verified complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to serve a third amended verified complaint (see, Murray v City of New York, 43 NY2d 400). As the defendants concede, the amendments the plaintiff sought to make, with the exception of the withdrawal of 6 of the 8 causes of action, were only of "the most minimal and nonsubstantive” nature, and thus it cannot be said that any prejudice to the defendants would arise as a result thereof (see, Powe v City of Albany, 130 AD2d 823; Sentry Ins. Co. v Kero-Sun, Inc., 122 AD2d 204). Additionally, contrary to the defendants’ contention, it is not at all clear that the proposed amendments are legally insufficient (see, Sentry Ins. Co. v Kero-Sun, Inc., supra). Moreover, we note that the causes of action the plaintiff is asserting in his third amended verified complaint have not heretofore been dismissed. Thus the cases relied upon by the defendants in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.