Board of Education of Sachem Central School District v. Eugene J. Donohue Associates, Inc.

In an action to recover damages for fraud and insurance malpractice, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Floyd, J.), entered August 24, 2001, which granted the defendant’s motion for leave to amend its answer to assert the affirmative defense that the action was barred by the statute of limitations, and upon granting that relief, dismissed the complaint on that ground.

Ordered that the order and judgment is affirmed, with costs.

The decision whether to grant leave to amend is within the court’s discretion, and such determination…