Murray v. City of New York

*503Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 2, 2007, which granted defendants’ motion to amend their answer to include the affirmative defense of collateral estoppel, and granted their motion to dismiss the complaint on that ground, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in granting defendants’ motion for leave to amend their answer to include the affirmative defense of collateral estoppel. “Leave to amend the pleadings shall be freely given absent prejudice or surprise resulting directly from the delay” (Fahey v…