Frank L. Ciminelli Construction Co. v. County of Erie

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendant’s motion to amend the answer. Leave to amend pleadings shall be freely given absent prejudice or surprise resulting directly from the delay (CPLR 3025 [b]; Fahey v County of Ontario, 44 NY2d 934 , 935). Defendant’s first and second counterclaims do not prejudice plaintiff, are meritorious on their face, and are not barred by the Statute of Limitations (see, McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 NY2d 755 ). (Appeal from Order of Supreme Court, Erie County, Whelan, J.— Amend Answer.) Present—Green, J. P., Balio, Fallon, Callahan and Boehm, JJ.