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CROSSBEAT NEW YORK, LLC v. LIIRN, LLC

8538N. 652622/17.

169 A.D.3d 604 (2019)

95 N.Y.S.3d 40

2019 NY Slip Op 01378

Crossbeat New York, LLC, Appellant, v. LIIRN, LLC, Respondent.

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

Decided February 26, 2019.

"A request for leave to amend a complaint should be freely given, and denied only if there is prejudice or surprise resulting directly from the delay, or if the proposed amendment is palpably improper or insufficient as a matter of law" (CIFG Assur. N. Am., Inc. v J.P. Morgan Sec. LLC, 146 A.D.3d 60, 64-65 [1st Dept 2016] [internal quotation marks omitted]; CPLR 3025 [b]). Here, plaintiff's proposed cause of action for fraudulent...

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