Krigsman v. Cyngiel
| Decision Date | 15 July 2015 |
| Docket Number | 2014-03443 |
| Parties | Rima KRIGSMAN, etc., respondent, v. Mordechai CYNGIEL, appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
130 A.D.3d 786
14 N.Y.S.3d 94
2015 N.Y. Slip Op. 06117
Rima KRIGSMAN, etc., respondent
v.
Mordechai CYNGIEL, appellant, et al., defendants.
2014-03443
Supreme Court, Appellate Division, Second Department, New York.
July 15, 2015.
Wenig Saltiel LLP, Brooklyn, N.Y. (Meryl L. Wenig of counsel), for appellant.
Goldberg & Rimberg PLLC, New York, N.Y. (Israel Goldberg and Mindy Kallus of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and HECTOR D. LaSALLE, JJ.
Opinion
In an action, inter alia, to impose a constructive trust, which was transferred by the Supreme Court, Kings County, the defendant Mordechai Cyngiel appeals, as limited by his brief, from so much of an order of the Surrogate's Court, Kings County (Johnson, S.), dated January 6, 2014, as, in effect, denied those branches of the defendants' motion which were for leave to amend the answer so as to assert affirmative defenses to the first five causes of action based on the statute of limitations and the first six causes of action based on the statute of frauds and, in effect, denied, as premature, the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants' motion which was for summary judgment dismissing the eighth cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
“Leave to amend pleadings should be freely given provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit” (Gitlin v. Chirinkin, 60 A.D.3d 901, 901–902, 875 N.Y.S.2d 585 ; see Schuyler v. Perry, 69 A.D.3d 33, 36, 886 N.Y.S.2d 228 ;
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