Justice Robert J. Muller
Adirondack Tree Surgeons (ATS) contracted with several landowners for tree removal services after a severe storm in the area. Fee disputes arose when ATS demanded more than the homeowners’ insurers were willing to pay and ATS sued defendants to recover the amounts allegedly due. The homeowners moved for summary judgment dismissing the complaint against James Farrell and his sister, and for leave to amend their answer to add fraud as an affirmative defense, and a violation of the General Business Law §349 as a counterclaim. Defendants argued the Farrells were not owners of the property in question at the time the removal services were rendered, but Golden Pond LLC, of which the Farrells and their siblings were members. They alleged the Farrells could not be personally liable for the debts of the LLC. The court agreed finding defendants established their entitlement to summary judgment dismissing the complaint against the Farrells. Defendants claimed ATS agreed to accept the insurance proceeds in complete satisfaction of the charges for services despite knowing it would charge defendants the full amount. The court found delay alone was insufficient to deny a motion to amend unless it was significantly prejudicial, finding none here, and granted the motion.
