Practice point: Leave to conform a pleading to the proof, pursuant to CPLR 3025(c), will be freely granted.
Students should note that lateness, absent prejudice, is not a barrier to the amendment.
Case: Worthen-Caldwell v. Special Touch Home Care Servs., Inc., NY Slip Op 08096 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Real Estate Law.
