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GALLAGHER v. 109-02 DEV., LLC

2014-02240, Index No. 27449/11.

137 A.D.3d 1073 (2016)

26 N.Y.S.3d 888

2016 NY Slip Op 02051

BRIAN GALLAGHER et al., Respondents, v. 109-02 DEVELOPMENT, LLC, Appellant, et al., Defendants.

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

Decided March 23, 2016.

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

"Leave to amend a pleading should be freely given (see CPLR 3025 [b]), provided the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit" (Maspeth Fed. Sav. & Loan Assn. v Simon-Erdan, 67 A.D.3d 750, 751 [2009]; see United Fairness, Inc. v Town of Woodbury,

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