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FAHEY v. COUNTY OF ONTARIO

44 N.Y.2d 934 (1978)

Frank Fahey et al., Respondents, v. County of Ontario et al., Defendants, and Sheriff of the County of Ontario, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

David G. Retchless, County Attorney (Max Cohen of counsel), for appellant.

Michael R. McGee for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, appellant's motion for leave to serve an amended answer granted, and the certified question answered in the negative.

Leave to amend the pleadings "shall be freely given" absent prejudice or surprise resulting directly from the delay. (CPLR 3025, subd [b]; Sindle v New York City Tr. Auth., 33 N.Y.2d 293

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