St. Paul Fire & Marine Insurance v. Town of Hempstead
Opinion of the Court
—In an action to recover for property damage, the defendants Kevlan Corp. and Isaac Zarabi appeal from an order of the Supreme Court, Nassau County (Parga, J.), dated April 16, 2001, which denied their motion for leave to amend their answer to assert cross claims for contribution and indemnification.
Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted.
The Supreme Court erred in denying the appellants’ motion for leave to amend their answer to assert cross claims for contribution and indemnification. CPLR 3025 (b) provides that leave to amend pleadings should be “freely given.” While the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.