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QUINTO v. NEW YORK CITY TRANSIT AUTHORITY

7 A.D.3d 689 (2004)

776 N.Y.S.2d 835

ANTHONY A. QUINTO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY ET AL., Respondents.

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

May 17, 2004.

Ordered that the order is affirmed, with costs.

Generally, leave to amend a pleading is freely given, absent prejudice or surprise resulting from the delay (see Muneeb v Qi-Xiong Cen, 303 A.D.2d 661 [2003]). The decision to allow or disallow an amendment is committed to the sound discretion of the Supreme Court, the exercise of which should not be lightly disturbed (see Edenwald Contr. Co. v City of New York,

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