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Weeden v. Corzo Construction Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 732 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

"While a court has broad discretion in deciding whether leave to amend should be granted, it is an improvident exercise of discretion to deny leave so as to assert an otherwise apparently meritorious cause of action absent an inordinate delay and a showing of prejudice * * * or where the party opposing the motion to serve an amended pleading cannot demonstrate prejudice resulting directly from the delay" ( Banfi Prods. Corp. v. Gentile, 236 A.D.2d 348, 349; see also, Roberts v. Alexander's, Inc., 224 A.D.2d 677, 678). The defendant has not demonstrated how it has suffered significant prejudice as a result of the delay ( see, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23-24). Accordingly, we decline to disturb the Supreme Court's determination.

Rosenblatt, J.P., Thompson, Sullivan and Friedmann, JJ., concur.


Summaries of

Weeden v. Corzo Construction Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 732 (N.Y. App. Div. 1997)
Case details for

Weeden v. Corzo Construction Co., Inc.

Case Details

Full title:THOMAS WEEDEN, Respondent, v. CORZO CONSTRUCTION CO., INC., Appellant, et…

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

Date published: Jun 30, 1997

Citations

240 A.D.2d 732 (N.Y. App. Div. 1997)
660 N.Y.S.2d 998

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