Majority
p. 803Medi-Trust Financial Services Corporation, Respondent, v Nancy L. Giardina, as Guardian at Law of Michael Pinto, Appellant, et al., Defendant. [705 NYS2d 912]
—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs motion for leave to amend the complaint. The resolution of a motion for leave to amend is committed to the sound discretion of the trial court (see, Edenwald Contr. Co. v City of New York, 60 NY2d 957 , 959; see also, Murray v City of New York, 43 NY2d 400 , 404-405, rearg dismissed 45 NY2d 966 ). We reject the contention that plaintiff was guilty of gross laches and thus
p. 804
that the motion should have been denied. “ ‘Mere lateness is not a barrier to the amendment. It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine’ ” (Edenwald, Contr. Co. v City of New York, supra, at 959, quoting Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 3025:5, at 477; see also, Slavet v Horton Mem. Hosp., 227 AD2d 465 , 466). Here, there is no prejudice or surprise, and we perceive no reason to disturb the court’s exercise of discretion. (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Amend Pleading.) Present — Green, A. P. J., Pine, Pigott, Jr., and Scudder, JJ.
Cases cited
- Edenwald Contracting Co. v. City of New York 60 NY2d 957 at 959 p. 803
- Murray v. City of New York 43 NY2d 400 at 404-405 p. 803
- Slavet v. Horton Memorial Hospital 227 AD2d 465 at 466 p. 804