Bernard Potrzeba v Union Cemetery of Hyde Park, Inc.

Potrzeba v Union Cemetery of Hyde Park, Inc. 2004 NY Slip Op 08674 [12 AD3d 584] November 22, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2005

Bernard Potrzeba et al., Respondents,
v
Union Cemetery of Hyde Park, Inc., et al., Appellants.

—[*1]In an action, inter alia, to recover damages for defamation, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated September 9, 2003, as granted that branch of the plaintiffs' motion which was for leave to serve a second amended complaint to the extent it alleged causes of action sounding in defamation and libel per se.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court properly granted the plaintiffs leave to serve a second amended complaint to the extent it alleged causes of action sounding in defamation and libel per se (see CPLR 3025 [b]; Giblin v Murphy, 73 NY2d 769 [1988]; Pirrotti & Pirrotti, LLP v Estate of Warm, 8 AD3d 545, 546 [2004]; Arcuri v Ramos, 7 AD3d 741 [2004]). Prudenti, P.J., Ritter, H. Miller and Spolzino, JJ., concur.