Licameli v. Roberts

—Order unanimously affirmed without costs. Memorandum: Although leave to amend a pleading should be liberally granted in the absence of surprise or prejudice (see, Olean Urban Renewal Agency v Herman, 101 AD2d 712, 713), we conclude that Supreme Court did not abuse its discretion in denying plaintiffs’ motion seeking leave to amend the complaint to add a claim for punitive damages. Plaintiffs failed to provide an explanation for the lengthy delay in asserting the claim (see, Ives v Correll, 211 AD2d 899, 900) and, in addition, defendant established that he would be prejudiced by the amendment…