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Breach of Contract
 In a breach of contract action, the defendants appealed from Brooklyn Supreme Court Justice David Schmidt’s order granting the plaintiff’s motion for leave to amend the complaint. The Appellate Division, Second Department, affirmed.
“Leave to amend a complaint should be liberally granted absent prejudice to the opposing party,” the appellate court wrote, citing case law. The trial court has discretion to determine whether to allow an amended pleading, on a case-by-case basis.
In this case, the defendants failed to establish prejudice or surprise and “the claims in the proposed amended complaint are not palpably insufficient, or duplicative of any previously-dismissed claims,” the appellate court noted. Appellate Justice Rivera presided in the case, with Justices Florio, Leventhal and Chambers, concurring.
John J. Kuster, Lynn A. Dummett, and William V. Reiss of Sidley Austin LLP, represented the appellants. Darren Oved, Terrence A. Oved, and Thomas Freedman, of Oved & Oved LLP, represented the respondent.
Dialcom, LLC, respondent, v. AT & T Corp., et al., appellants. 2008 NY Slip Op 03164 |
