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MURRAY v. CITY OF NEW YORK

51 A.D.3d 502 (2008)

858 N.Y.S.2d 131

JOEL MURRAY, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 13, 2008.

Supreme Court providently exercised its discretion in granting defendants' motion for leave to amend their answer to include the affirmative defense of collateral estoppel. "Leave to amend the pleadings shall be freely given absent prejudice or surprise resulting directly from the delay" (Fahey v County of Ontario, 44 N.Y.2d 934, 935 [1978] [internal quotation marks omitted]). Plaintiff demonstrated no prejudice—the loss of...

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