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Reyes v. 44-45 Broadway Realty Co.
Reyes v 44-45 Broadway Realty Co. 2026 NY Slip Op 30794(U) March 2, 2026 Supreme Court, New York County Docket Number: Index No. 156976/2024 Judge: Leslie A. Stroth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1569762024.NEW_YORK.001.LBLX000_TO.html[03/13/2026 3:45:56 PM]
FILED: NEW YORK COUNTY CLERK 03/06/2026 11:56 AM INDEX NO. 156976/2024 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/06/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LESLIE A. STROTH PART 12M Justice -------------------X INDEX NO. 156976/2024 DENICE NUNEZ REYES, MOTION DATE 11/26/2025 Plaintiff, MOTION SEQ. NO. 001 -v- 44-45 BROADWAY REALTY CO., MCDONALD'S DECISION + ORDER ON MOTION Defendant. -------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 21, 22, 23, 24, 25, 26,27,28 were read on this motion to/for AMEND CAPTION/PLEADINGS
Plaintiff commenced this action after sustaining injuries due to a trip and fall. Plaintiff
moves, without opposition, for leave to serve and file an Amended Summons and Amended
Verified Complaint, adding P. Hendel Products Partnership, and Team Hendel Products, LLC, as
party-defendants, and to amend the caption accordingly.
Pursuant to CPLR § 3025(b), "A party may amend his or her pleading, or supplement it
by setting forth additional or subsequent transactions or occurrences, at any time by leave of
court or by stipulation of all parties. Leave shall be freely given upon such terms as may be just.
Any motion to amend or supplement pleadings shall be accompanied by the proposed amended
or supplemental pleading clearly showing the changes or additions to be made to the pleading."
"In general, motions for leave to amend a pleading should be granted unless the proposed
amendment is palpably insufficient or patently devoid of merit, or where the delay in seeking the
amendment would cause prejudice or surprise" (Corwise v Lefrak Org., 93 A.D.3d 754 [2 nd Dept
2012]). "Prejudice requires that the '[opposing party] has been hindered in the preparation of his 156976/2024 NUNEZ REYES, DENICE vs. 44-45 BROADWAY REALTY CO. ET AL Page 1 of4 Motion No. 001
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FILED: NEW YORK COUNTY CLERK 03/06/2026 11:56 AM INDEX NO. 156976/2024 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/06/2026
case or been prevented from taking some measure in support of his position."' (RCLA, Inc. v 50-
09 Realty, LLC, 48 A.D.3d 538,539,852 NYS2d 211 [2d Dept 2008], quoting Loomis v Civetta
Corinna Constr. Corp., 54 NY2d 18, 23,444 NYS2d 571,429 N.E.2d 90 [Ct App 1981]).
In MBIA Ins., the Court held that "on a motion for leave to amend, [a party] need not
establish the merit of its proposed new allegations, but simply show that the proffered
amendment is not palpably insufficient or clearly devoid of merit" (MBIA Ins. Corp. v.
Greystone & Co., 74 A.D.3d 499 [l st Dept 2010]; see also Cruz v. Brown, 129 A.D.3d 455
[1 st Dept 2015]).
Plaintiff's Motion is granted. The proposed amendment seeks to add two parties as
Defendants who "had a contract to perform certain work at the subject premises," or who
otherwise owned, operated, maintained, controlled, or managed the premises of Plaintiff's injury
(Plaintiffs Affirmation, NYSCEF Doc. No 22 at 2; Plaintiffs Amended Complaint, NYSCEF
Doc. No. 26 at 6-7). These allegations are not palpably insufficient or clearly devoid of merit.
Moreover, there is no basis to find prejudice or surprise. Here, there is no evidence that
Defendants will suffer any material disadvantage if Plaintiff is permitted to amend her pleading.
To the contrary, allowing the amendment ensures that all potentially responsible parties are
before the Court and promotes the full and fair adjudication of Plaintiffs claims. Plaintiff's
motion for leave to amend is granted in its entirety.
Accordingly, it is hereby
ORDERED that Plaintiff's motion for leave to amend the complaint pursuant to CPLR
§ 3025(b) is granted; and it is further
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FILED: NEW YORK COUNTY CLERK 03/06/2026 11:56 AM INDEX NO. 156976/2024 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/06/2026
ORDERED that the amended summons and amended verified complaint annexed to
Plaintiff's moving papers shall be deemed served upon personal service of a copy of this order
with notice of entry upon all parties who have appeared in the action; and it is further
ORDERED that a supplemental summons and amended complaint, in the form annexed
to Plaintiff's moving papers, shall be served, in accordance with the Civil Practice Law and
Rules, upon the additional parties in this action within 30 days after service of a copy of this
order with notice of entry; and it is further
ORDERED that the action shall bear the following caption:
-------------------X DENICE NUNEZ REYES,
Plaintiff,
-v- 44-45 BROADWAY REALTY CO., MCDONALD'S, P. HENDEL PRODUCTS PARTNERSHIP, and TEAM HENDEL PRODUCTS, LLC
Defendant.
-------------------X
And it is further
ORDERED that counsel for the moving party shall serve a copy of this order with notice
of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General
Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to
reflect the parties being added pursuant hereto; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's
Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse
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and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page
on the court's website at the address [www.nycourts.gov/supctmanh]).
The foregoing constitutes the decision and order of the Court.
3/2/2026 DATE ~TH CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION J.S.C. GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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