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MATTER OF XEROX CORP. v. DUMINUCO

216 A.D.2d 950 (1995)

629 N.Y.S.2d 568

In the Matter of Xerox Corporation, Respondent, v. Debra Duminuco, as Assessor of The Town of Webster, et al., Appellants In the Matter of Xerox Corporation, Respondent, v. Delores Harloff, as Assessor of The Village of Webster, et al., Appellants In the Matter of Xerox Corporation, Respondent, v. Karen Steel, as Assessor of The Village of Webster, et al., Appellants. (Appeal No. 1.)

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

We reject the contention that Supreme Court abused its discretion by granting petitioner leave to serve a consolidated and amended petition. Respondents failed to demonstrate that they suffered any prejudice or surprise and, "[a]bsent prejudice or surprise resulting from delay, motions to amend pleadings should be freely granted" (Ramundo v Town of Guilderland, 108 A.D.2d 995

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