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ZELEZNIK v. MSI CONSTRUCTION, INC.

50 A.D.3d 1024 (2008)

854 N.Y.S.2d 897

MICHAEL ZELEZNIK et al., Appellants, v. MSI CONSTRUCTION, INC., Respondent.

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

Decided April 22, 2008.

Ordered that the order is affirmed, with costs.

Although leave to amend a pleading is to be freely given absent surprise or prejudice resulting from the delay, the determination whether to grant such leave is within the discretion of the motion court, and the exercise of that discretion will not be lightly disturbed (see CPLR 3025 [b]; Young v A. Holly Patterson Geriatric Ctr., 17 A.D.3d 667...

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