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GITLIN v. CHIRINKIN

60 A.D.3d 901 (2009)

875 N.Y.S.2d 585

EDUARD GITLIN, Respondent, v. ALEX CHIRINKIN et al., Appellants.

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

Decided March 24, 2009.

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

Leave to amend pleadings should be freely given provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit (see Sheila Props., Inc. v A Real Good Plumber, Inc., 59 A.D.3d 424 [2009]; Boakye-Yiadom v Roosevelt Union Free...

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