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HUNTINGTON v. FRANK TROTTA AUTO WRECKERS, INC.

257 A.D.2d 647 (1999)

684 N.Y.S.2d 570

ROGER HUNTINGTON et al., Plaintiffs, v. FRANK TROTTA AUTO WRECKERS, INC., et al., Respondents, and MICHAEL MONTESANO, Appellant.

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

Decided January 25, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendants Frank Trotta Auto Wreckers, Inc., and Charles Trotta to assert a cross claim against the defendant Michael Montesano for conversion of funds held in escrow. Leave to amend will be freely granted absent a showing of prejudice or surprise (see, CPLR 3025 [b]; Noanjo Clothing v L & M Kids Fashion,

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