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POSTLER v. HASSAN

278 A.D.2d 467 (2000)

718 N.Y.S.2d 651

DEBORAH POSTLER et al., Respondents, v. MAHMOUD HASSAN et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 26, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for leave to amend the answer is granted, and the amended answer is deemed served.

The Supreme Court erred in denying the defendants' motion for leave to amend their answer. No prejudice or surprise resulted from the delay, and the proposed amendment was neither totally devoid of merit nor palpably insufficient...

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