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THONE v. CROWN EQUIPMENT CORP.

27 A.D.3d 723 (2006)

810 N.Y.S.2d 925

HENRY THONE, Respondent, v. CROWN EQUIPMENT CORP., Appellant, et al., Defendants.

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

March 28, 2006.

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 [1983]; Probst v Cacoulidis, 295 A.D.2d 331 [2002]). While the decision...

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