Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, and the motion is denied.
Leave to amend a pleading pursuant to CPLR 3025 (b) should be freely granted absent prejudice or surprise resulting from the delay (see Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959 ; Probst v Cacoulidis, 295 A.D.2d 331 ). While the decision...
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