Kimso Apartments, LLC, Successor by Merger to Kimso Apartments, Inc., Respondents v. Mahesh Gandhi…

Summary

The New York Court of Appeals held that the Appellate Division abused its discretion in denying Mahesh Gandhi's motion to amend his pleading to assert a counterclaim for settlement payments. The Court affirmed that under CPLR 3025, amendment may be granted absent prejudice, and found no operative prejudice to the corporations. Accordingly, the denial was reversed and the case remitted for further consideration.