Biaggi & Biaggi v. 175 Medical Vision Properties, LLC

Summary

The New York Appellate Division, Second Department, affirmed an order granting defendants leave to amend their answer to add five counterclaims. The court held that any delay caused by transferring venue between counties was neither prejudicial nor sufficiently gross to justify denying leave to amend.

Holdings

1. Leave to amend the pleadings was properly granted because the plaintiff failed to show prejudice or surprise directly resulting from the delay.

Questions Presented

1. Whether the Supreme Court properly granted the defendants leave to amend their answer to assert five counterclaims.
2. Whether any delay in renewing the motion after the venue transfer was sufficiently prejudicial or gross to warrant denial of leave to amend.

Disposition

affirmed