HOPPE v. BOARD OF DIRECTORS OF THE 51-78 OWNERS CORP.


49 A.D.3d 477 (2008)

854 N.Y.S.2d 689

B.J. HOPPE, Respondent, v. BOARD OF DIRECTORS OF THE 51-78 OWNERS CORP. et al., Appellants.

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

Decided March 27, 2008.


The court improperly granted plaintiff's motion to amend the complaint in this dispute between plaintiff shareholder and defendants cooperative corporation and its board of directors in connection with defendants' denial of plaintiff's proposed alterations to her two units. Although leave to amend a pleading is freely granted (CPLR 3025 [b]), such leave should "not be granted upon mere request, without appropriate substantiation...

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