On February 13, 2014 a
Order
was filed
involving a dispute between
Bryan Kelly,
and
Lettire Construction Corp.,
for Commercial Division
in the District Court of New York County.
Preview
INDEX NO. 650487/2014
NYSCEF BOC. NO. RECEIVED NYSCEF: 07/14/2015
SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
PRESENT: JEFFREY K. OING PART _ 48
Justice
Kelly
INDEX NO. 650487/2014
Plaintiff,
MOTION DATE
- against — MOTION SEQ. NO.
Lettire Construction Corp
Defendant.
The following papers, numbered 1 to were read on this motion to/for
PAPERS NUMBERED
Notice of Motion/ Order to Show Cause — Affidavits — Exhibits
Answering Affidavits — Exhibits
Replying Affidavits
eo Cross-Motion: LJ Yes [_] No
Following consideration of letter brief submissions from the parties dated May 29, 2015
32
(NYSCEF Doc. No. 24) and June 9, 2015 (NYSCEF Doc. No. 27), together with exhibits
os
FO thereto, the Court hereby determines that plaintiff's application to amend the complaint is
ac
ua granted. Absent a showing of prejudice or surprise, leave to amend the pleadings is freely given
29 (CPLR 3025[b]; Briarpatch Limited, L.P. v Briarpatch Film Corp., 60 AD3d 585 [1* Dept
Ww 2009]). Defendant makes no showing of prejudice or surprise by the proposed amendments.
wr
Wk
Cy Accordingly, it is hereby
>~o
ou
ORDERED that plaintiff's application for leave to amend the complaint is granted, and
the amended complaint in the proposed form annexed to plaintiff's letter application (NYSCEF
Doc. No. 25) shall be deemed served upon service of a copy of this order with notice of entry
thereof; and it is further;
ORDERED that defendant shall serve an answer to the amended complaint or otherwise
respond thereto within 20 days from the date of said service; and it is further
ORDERED that counsel are directed to appear for a status confe ce on September 15,
2015 at 10:00 AM.
Dated: (d]1> NG
Check one: [J FINAL DISPOSITION [KZ NON-FINAL DISPOSITION
Check if appropriate CJ DO NOT POST _] REFERENCES
Document Filed Date
July 14, 2015
Case Filing Date
February 13, 2014
Category
Commercial Division
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INDEX NO. 650487/2014 NYSCEF BOC. NO. RECEIVED NYSCEF: 07/14/2015 SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY PRESENT: JEFFREY K. OING PART _ 48 Justice Kelly INDEX NO. 650487/2014 Plaintiff, MOTION DATE - against — MOTION SEQ. NO. Lettire Construction Corp Defendant. The following papers, numbered 1 to were read on this motion to/for PAPERS NUMBERED Notice of Motion/ Order to Show Cause — Affidavits — Exhibits Answering Affidavits — Exhibits Replying Affidavits eo Cross-Motion: LJ Yes [_] No Following consideration of letter brief submissions from the parties dated May 29, 2015 32 (NYSCEF Doc. No. 24) and June 9, 2015 (NYSCEF Doc. No. 27), together with exhibits os FO thereto, the Court hereby determines that plaintiff's application to amend the complaint is ac ua granted. Absent a showing of prejudice or surprise, leave to amend the pleadings is freely given 29 (CPLR 3025[b]; Briarpatch Limited, L.P. v Briarpatch Film Corp., 60 AD3d 585 [1* Dept Ww 2009]). Defendant makes no showing of prejudice or surprise by the proposed amendments. wr Wk Cy Accordingly, it is hereby >~o ou ORDERED that plaintiff's application for leave to amend the complaint is granted, and the amended complaint in the proposed form annexed to plaintiff's letter application (NYSCEF Doc. No. 25) shall be deemed served upon service of a copy of this order with notice of entry thereof; and it is further; ORDERED that defendant shall serve an answer to the amended complaint or otherwise respond thereto within 20 days from the date of said service; and it is further ORDERED that counsel are directed to appear for a status confe ce on September 15, 2015 at 10:00 AM. Dated: (d]1> NG Check one: [J FINAL DISPOSITION [KZ NON-FINAL DISPOSITION Check if appropriate CJ DO NOT POST _] REFERENCES