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FISCHER v. BROADY

118 A.D.2d 827 (1986)

Donald Fischer et al., Appellants, v. Michael Broady et al., Respondents

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

March 31, 1986

Order affirmed insofar as appealed from, with costs.

"Leave to amend the pleadings `shall be freely given' absent prejudice or surprise resulting directly from the delay" (Fahey v County of Ontario, 44 N.Y.2d 934, 935; CPLR 3025 [b]). This statutory direction applies to defenses deemed "waived" under CPLR 3211 (e) (see, Lermit Plastics Co. v Lauman & Co., 40 A.D.2d 680

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