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FISCHER v. RWSP REALTY, LLC

2007-07274

2008 NY Slip Op 06358

JOSEPH FISCHER, appellant, v. RWSP REALTY, LLC, D/B/A PRUDENTIAL RAND REALTY, ET AL., respondents.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York, N.Y., for appellant.

Condon Resnick, LLP, Nyack, N.Y. (Ellen O'Hara Woods of counsel), for respondents.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, HOWARD MILLER, EDWARD D. CARNI, RANDALL T. ENG, JJ.

DECISION & ORDER

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

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to amend the complaint, inter alia, to increase the ad damnum clause. Although leave to amend pleadings "shall be freely given" (CPLR 3025[b]), where, as here, a motion for leave to amend is made long after the case has been certified as ready...

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