Opinion
Submitted January 24, 2001.
March 19, 2001.
In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 29, 2000, which granted the plaintiff's motion for leave to serve and file an amended complaint.
Cozen O'Connor, New York, N.Y. (Monique Noel Thoresz of counsel), for appellant.
Thaler Gertler, LLP, Westbury, N.Y. (Harold J. Levy of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Leave to amend pleadings "shall be freely given", absent prejudice or surprise resulting directly from the delay (CPLR 3025[b]; see, McCaskey, Davies Assoc. v. New York City Health Hosps. Corp., 59 N.Y.2d 755). Here, the defendant failed to demonstrate that the amended complaint would result in prejudice or surprise. Accordingly, the Supreme Court providently exercised its discretion in granting the plaintiff's motion (see, Murray v. City of New York, 43 N.Y.2d 400, 405).
The defendant's remaining contentions are without merit.