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SAMPSON v. CONTILLO

55 A.D.3d 591 (2008)

865 N.Y.S.2d 137

REGINA SAMPSON et al., Respondents, v. MICHAEL A. CONTILLO, Appellant, et al., Defendants.

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

October 7, 2008.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs' motion for leave to serve an amended bill of particulars is denied.

"Generally, `[i]n the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit'" (Morris v Queens Long Is...

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