After fire in a commercial building in Queens, we commenced suit for the landlord seeking a declaration that a restaurant's lease was terminated. While the declaration was granted, the court denied without prejudice the landlord's request for use and occupancy. The landlord moved for leave to amend the complaint to add a cause of action for use and occupancy, which was granted. Tenant appealed, but the Second Department affirmed the filing of the amended complaint. Tenant was not surprised or prejudiced by the amended complaint, ruled the court, nor were the proposed amendments facially unsound. The case is reported as Avenue 37, LLC v. Imperial Palace II, Inc., 244 A.D.3d 1038, 249 N.Y.S.3d 104 (2d Dept. 2025).  The case can be viewed here.