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EIFS, INC. v. MORIE COMPANY, INC.

281 A.D.2d 512 (2001)

721 N.Y.S.2d 802

EIFS, INC., Respondent, v. MORIE COMPANY, INC., Appellant.

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

Decided March 19, 2001.

Ordered that the order is affirmed, with costs.

Leave to amend pleadings "shall be freely given," absent prejudice or surprise resulting directly from the delay (CPLR 3025 [b]; see, McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 N.Y.2d 755). Here, the defendant failed to demonstrate that the amended complaint would result in prejudice or surprise. Accordingly, the Supreme Court providently exercised...

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