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FRANK L. CIMINELLI CONSTR. CO., INC. v. COUNTY OF ERIE

212 A.D.2d 1046 (1995)

624 N.Y.S.2d 988

Frank L. Ciminelli Construction Co., Inc., Appellant, v. County of Erie, Respondent

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

February 3, 1995

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendant's motion to amend the answer. Leave to amend pleadings shall be freely given absent prejudice or surprise resulting directly from the delay (CPLR 3025 [b]; Fahey v County of Ontario, 44 N.Y.2d 934, 935). Defendant's first and second counterclaims do not prejudice plaintiff, are meritorious on their face, and are not barred...

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