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Fitzgerald v. Conroy

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 939 (N.Y. App. Div. 2008)

Opinion

No. 2007-00777.

December 30, 2008.

In an action, inter alia, to recover damages for trespass, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2006, as denied her motion for leave to serve an amended complaint.

Aimee J. Fitzgerald, Central Valley, N.Y., appellant prose.

Kornfield, Rew, Newman Simeone, Suffern, N.Y. (Maurice J.

Recchia of counsel), for respondents.

Before: Ritter, J.P., Florio, Miller and Dillon, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the plaintiff's motion for leave to serve an amended complaint is granted.

Balancing all relevant factors, and under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to serve an amended complaint ( see CPLR 3025 [b]; 105 [u]; Thomsen v Suffolk County Police Dept., 50 AD3d 1015, 1016-1017; Dialcom, LLC v AT T Corp., 50 AD3d 727).


Summaries of

Fitzgerald v. Conroy

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 939 (N.Y. App. Div. 2008)
Case details for

Fitzgerald v. Conroy

Case Details

Full title:AIMEE J. FITZGERALD, Appellant, v. WILLIAM CONROY et al., Respondents

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

Date published: Dec 30, 2008

Citations

57 A.D.3d 939 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10580
869 N.Y.S.2d 800