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  5. 188 A.D.2d 923 (1992)
 

MATTER OF GAGLIARDI v. BD. OF APPEALS OF VILL. OF PAWLING

188 A.D.2d 923 (1992)

In the Matter of Vincent Gagliardi et al., Appellants, v. Board of Appeals of Village of Pawling et al., Respondents

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

December 24, 1992

Supreme Court did not abuse its discretion in permitting respondents Zoning Board of Appeals and Planning Board of the Village of Pawling (hereinafter collectively referred to as respondents) to serve an amended answer to interpose a Statute of Limitations defense. Leave to serve an amended pleading is to be freely granted and petitioners failed to make any showing of prejudice or surprise in opposing the proposed amendment (see, CPLR 3025 [b]; Sassone v Town of...

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