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TRI-TEC DESIGN, INC. v. ZATEK CORP.

13648N, 401496/11

123 A.D.3d 420 (2014)

998 N.Y.S.2d 43

2014 NY Slip Op 08381

TRI-TEC DESIGN, INC., Appellant, v. ZATEK CORPORATION, Respondent.

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

Decided December 2, 2014.

"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., 59 N.Y.2d 755, 757 [1983] [citations omitted]). Mere delay in seeking to amend a pleading does not warrant denial of the motion, in the absence of prejudice (Cherebin v Empress Ambulance Serv., Inc., 43 A.D.3d 364

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