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BYRNE v. FORDHAM UNIV.

118 A.D.2d 525 (1986)

Thomas J. Byrne, Respondent, v. Fordham University et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1986

Leave to amend the pleadings "shall be freely given" absent prejudice or surprise resulting from the delay involved. (CPLR 3025 [b]; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 N.Y.2d 755.) This statutory direction has been held to enable a party to interpose affirmative defenses. (See, McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., supra; Fahey v County...

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