Board of Managers of Park Regent Condominium v. Park Regent Associates
Opinion of the Court
In an action, inter alia, for a judgment declaring that a purported annual meeting of the unit owners of a condominium held on June 26, 2006, is invalid and that the individual defendants were not elected to the condominium’s board of managers on that date, the defendant David Doo appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), entered March 19, 2009, as granted that branch of the plaintiffs motion which was pursuant to CPLR 3025 (b) for leave to amend the complaint to add a cause of action to recover attorney’s fees and expenses.
Ordered that the order is affirmed insofar as appealed from, with costs.
Meanwhile, in January 2009, the plaintiff moved, inter alia, pursuant to CPLR 3025 (b) for leave to amend the complaint to add a cause of action to recover its attorney’s fees and expenses in prosecuting this lawsuit, alleging that the condominium’s bylaws authorize the recovery of such fees and expenses. Since the proposed amendment is not “palpably insufficient” to state a cause of action nor “patently devoid of merit” (Lucido v Mancuso, 49 AD3d 220, 229 [2008]), and inasmuch as the proposed amendment would not cause prejudice or surprise, the Supreme Court providently exercised its discretion in granting this branch of the plaintiffs motion (id. at 229). The merits of the cause of action may be tested upon a motion for summary judgment or at trial (id.).
The appellant’s remaining contentions are without merit. Fisher, J.P., Angiolillo, Leventhal and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.