Kusak v. Allstate Ins. Co.

• Decision Date: 05 February 1993
• Citation: 593 N.Y.S.2d 1003,190 A.D.2d 1050
• Parties: Kenneth KUSAK, Appellant, v. ALLSTATE INSURANCE COMPANY, Allstate Life Insurance Company, and Allstate Indemnity Company, Respondents.
• Court: New York Supreme Court — Appellate Division

Page 1003

593 N.Y.S.2d 1003

190 A.D.2d 1050

Kenneth KUSAK, Appellant, v. ALLSTATE INSURANCE COMPANY, Allstate Life Insurance Company, and Allstate Indemnity Company, Respondents.

Supreme Court, Appellate Division,

Fourth Department.

Feb. 5, 1993.

Theodore S. Kantor, Rochester, for appellant.

Harris, Beach & Wilcox by Daniel Moore, Rochester, for respondents.

Before CALLAHAN, J.P., and GREEN, LAWTON, BOEHM and DOERR, JJ.

MEMORANDUM:

On February 20, 1990, plaintiff's employment as an insurance agent for defendants was terminated. Plaintiff brought this action against defendants in February 1991, asserting six causes of action. In May or June 1992, plaintiff learned that defendants were sending letters to policy owners in which he was referenced as the agent. Plaintiff moved to amend his complaint to assert a seventh cause of action alleging violation of Civil Rights Law §§ 50 and 51. We conclude that Supreme Court should have granted the motion. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025[b]. We do not rule upon the merits or legal sufficiency of the proposed amendment (Newton v. Aqua Flo Co., 106 A.D.2d 919, 483 N.Y.S.2d 133; see, De Forte v. Allstate Ins. Co., 66 A.D.2d 1028, 411 N.Y.S.2d 726; see also, Agway, Inc. v. Williams, 185 A.D.2d 636, 585 N.Y.S.2d 643).

Order unanimously reversed on the law with costs and motion granted.