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SEDA v. NEW YORK CITY HOUS. AUTH.

181 A.D.2d 469 (1992)

Raul Seda et al., Respondents, v. New York City Housing Authority, Appellant, et al., Defendant

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

March 10, 1992

Although defendant New York City Housing Authority (NYCHA) waited more than three years to raise the defense of Statute of Limitations, leave to amend pleadings is to be freely given absent prejudice or surprise resulting directly from the delay (Fahey v County of Ontario, 44 N.Y.2d 934, 935). Plaintiff admits that there has been a dearth of discovery to date. The absence of substantial...

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