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MASTERWEAR CORPORATION v. BERNARD

3 A.D.3d 305 (2004)

771 N.Y.S.2d 72

MASTERWEAR CORPORATION et al., Respondents, et al., Plaintiff, v. NORMAN BERNARD, Appellant, and ALBERT S. MUSHKIN, Respondent, et al., Defendant.

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

January 6, 2004.

Defendant-appellant Norman Bernard's motion to amend his answer should have been granted in all respects. In the absence of prejudice or unfair surprise, requests for leave to amend should be granted freely (see McQuaig v Olympia & York 125 Broad St. Co., 247 A.D.2d 273, 274 [1998]). As subsequently recognized by the motion court on reargument, its prior refusal to allow amendment in order to assert the eighth affirmative defense...

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