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BRIARPATCH LIMITED v. BRIARPATCH FILM CORP.

60 A.D.3d 585 (2009)

876 N.Y.S.2d 37

BRIARPATCH LIMITED, L.P., et al., Appellants, v. BRIARPATCH FILM CORP. et al., Defendants, and VERNER SIMON P.C. et al., Respondents.

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

Decided March 31, 2009.

Leave to amend pleadings is to be freely given, absent a showing of prejudice or surprise (see CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959 [1983]). Here, there was no showing of prejudice or surprise resulting from plaintiffs' delay in asserting new claims to conform the complaint to the proof (CPLR 3025 [c]) and to increase the ad damnum clause, especially in light of the history of defendants...

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