Aponte v. Brentwood Union Free School District

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated January 4, 1999, which granted the defendants’ motion for leave to amend the answer to assert the affirmative defense of the Statute of Limitations, and to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

While leave to amend a pleading should be freely given (see, CPLR 3025 [b]), the decision whether to grant such leave is within the court’s discretion (see,…