Fitzgerald v Conroy
2008 NY Slip Op 10580 [57 AD3d 939]
December 30, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Aimee J. Fitzgerald, Appellant,
v
William Conroy et al., Respondents.

—[*1] Aimee J. Fitzgerald, Central Valley, N.Y., appellant pro se.

Kornfield, Rew, Newman & Simeone, Suffern, N.Y. (Maurice J. Recchia of counsel), for respondents.

In an action, inter alia, to recover damages for trespass, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2006, as denied her motion for leave to serve an amended complaint.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the plaintiff's motion for leave to serve an amended complaint is granted.

Balancing all relevant factors, and under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to serve an amended complaint (see CPLR 3025 [b]; 105 [u]; Thomsen v Suffolk County Police Dept., 50 AD3d 1015, 1016-1017 [2008]; Dialcom, LLC v AT & T Corp., 50 AD3d 727 [2008]). Ritter, J.P., Florio, Miller and Dillon, JJ., concur.