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GIRARDIN v. TOWN OF HEMPSTEAD

209 A.D.2d 668 (1994)

619 N.Y.S.2d 150

William Girardin et al., Appellants, v. Town of Hempstead et al., Respondents

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

November 28, 1994

Ordered that the order is affirmed, with costs.

It is well established that leave to amend shall be freely given pursuant to CPLR 3025 (b), absent prejudice or surprise. The determination to grant leave rests with the discretion of the court and should be made on a case-by-case basis (see, Mayers v D'Agostino, 58 N.Y.2d 696; Fahey v County of Ontario, 44 N.Y.2d 934; Matter...

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