Opinion
Argued May 17, 2001.
July 23, 2001.
In an action to recover damages for wrongful death, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), entered February 18, 2000, which denied their motion for summary judgment dismissing the complaint and granted the plaintiff's cross motion for leave to amend the complaint.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Elizabeth M. Harrington and Anthony P. Moncayo of counsel), for appellants.
George C. Vlachos, P.C., Bohemia, N.Y., for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motion for summary judgment, as there are triable issues of fact regarding the alleged misfeasance of the defendants' employee (see, Persaud v. City of New York, 267 A.D.2d 220; Kovit v. Estate of Hallums, 261 A.D.2d 442). Additionally, the Supreme Court properly granted the cross motion for leave to amend the complaint. Leave to amend a complaint is freely given absent prejudice to the non-moving party (see, Perrini v. City of New York, 262 A.D.2d 541), and the defendants failed to demonstrate any prejudice as a result of the proposed amendment.
The defendants' remaining contentions are without merit.
O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.