Plaintiffs,Should,Permitted,Am law Plaintiffs Should Be Permitted to Amend the Complaint Pursua
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Civil Practice Law and Rules [CPLR] Section 3025 authorizes the amendment of a pleading in an action, including the Complaint of the plaintiff. According to subsection (b) of CPLR 3025, leave of court is needed to amend a pleading once issue has joined; however, it should be freely given to a party.New York courts have held that, in the absence of prejudice to the defendant, the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).In a recent case litigated by Richard A. Klass, Your Court Street Lawyer, it was urged that, since the action had not been pending for a significant period of time, and was not on the eve of trial, no prejudice could be shown by defendants to the amendment of the Complaint. See, e.g., Kopel v. Chiulli, 175 AD2d 102 (2d Dept. 1991). Case law has held that delay in seeking to amend the Complaint does not bar such relief. Haven Associates v. Douro Realty Corp., 96 AD2d 526 (2d Dept. 1983).Finally, Plaintiff provided the trial court with a copy of the proposed Amended Complaint to be served upon the defendants. See, Anderson Properties Inc. v. Sawhill Tubular Division Cyclops Corp., 149 AD2d 949 (4th Dept. 1989).by Richard A. Klass, Esq.###Publishing GuidelinesPermission is granted to publish this article electronically in free-only publications, like a website or ezine (print and non-free publications require permission) as long as the resource box is included without any modifications. All links must be active. A courtesy copy is requested on publication (email: [email protected]).Article Title:Plaintiffs Should Be Permitted to Amend the Complaint Pursuant to CPLR 3025Article URL:http://courtstreetlaw.com/articles/general_litigation/amend_complaint.htmlAuthor Name:Richard A. Klass, Esq.Contact Email Address:[email protected]'s Firm's Website:www.CourtStreetLaw.comWord Count:278 words"About the Author" must be included in any publications. Article Tags: Complaint Pursuant, Cplr 3025
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