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BRYNDLE v. SAFETY-KLEEN SYSTEMS, INC.

1066 CA 08-01735.

66 A.D.3d 1396 (2009)

885 N.Y.S.2d 808

2009 NY Slip Op 6956

DANIEL C. BRYNDLE, Appellant, v. SAFETY-KLEEN SYSTEMS, INC., Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court neither abused nor improvidently exercised its discretion in granting that part of the cross motion of defendant for leave to amend its answer. "Leave to amend the pleadings `shall be freely given' absent prejudice or surprise resulting directly from the delay" (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp.,

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