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SEWKARRAN v. DEBELLIS

11 A.D.3d 445 (2004)

782 N.Y.S.2d 758

ANANT SEWKARRAN et al., Appellants, v. ANTHONY DEBELLIS et al., Respondents.

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

October 4, 2004.

Ordered that the order is affirmed, with costs.

Although leave to amend a pleading "shall be freely given" in the absence of surprise or prejudice (CPLR 3025 [b]), the determination whether to grant such leave is within the court's discretion, and the exercise of that discretion will not be lightly disturbed (see Travelers Prop. Cas. v Powell, 289 A.D.2d 564, 565 [2001]).

Given the plaintiffs' extended delay in moving...

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