Seda v. New York City Housing Authority

— Order of the Supreme Court, New York County (Eugene L. Nardelli, J.), entered July 24, 1990, which denied defendant-appellant’s motion for leave to amend its answer to include the defense of the Statute of Limitations and to dismiss the complaint as time-barred, reversed, on the law, the motion granted and the complaint dismissed, without costs.

Although defendant New York City Housing Authority *470(NYCHA) waited more than three years to raise the defense of Statute of Limitations, leave to amend pleadings is to be freely given absent prejudice or surprise resulting directly from the delay…