FITZPATRICK v. STRUCTURE TONE, INC, N.Y. App. Div., Judgment, Law, casemine.com

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JOHN FITZPATRICK et al., Respondents, v. STRUCTURE TONE, INC., Appellant, Third-Party Plaintiff-Appellant and Second Third-Party Plaintiff-Appellant. FOREST ELECTRIC CORPORATION, Third-Party Defendant-Respondent; FOREST DATACOM SERVICES, INC., Second Third-Party Defendant-Respondent.

The trial court erred in denying third-party plaintiff Structure Tone's motion to amend its third-party complaint to allege Forest's breach of contract in failing to procure insurance. There was no showing that granting such leave would surprise or otherwise prejudice Forest in any way, breach of contract having already been pleaded in the dismissed cause of action based on an indemnity clause, and mere delay in moving to amend, absent significant prejudice, is not a barrier to amendment (Detrinca v. De Fillippo, 165 A.D.2d 505, 508).

Concur — Sullivan, J.P., Wallach, Rubin and Nardelli, JJ.

FITZPATRICK v. STRUCTURE TONE, INC

JOHN FITZPATRICK et al., Respondents, v. STRUCTURE TONE, INC., Appellant, Third-Party Plaintiff-Appellant and Second Third-Party Plaintiff-Appellant. FOREST ELECTRIC CORPORATION, Third-Party Defendant-Respondent; FOREST DATACOM SERVICES, INC., Second Third-Party Defendant-Respondent.

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