Tarantini v. Russo Realty Corp.

—In an action, inter alia, to establish title to certain real property by adverse possession, the defendant Russo Realty Corp. appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated June 15, 1998, which denied its motion for leave to amend its answer to interpose as a fifth affirmative defense that the action seeks to deprive it of its rights in the property in violation of its substantive due process rights.

Ordered that the order is affirmed, without costs or disbursements.

Motions for leave to amend pleadings are to be liberally granted absent prejudice or surprise…