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ANANT SEWKARRAN et al., Appellants, v. ANTHONY DEBELLIS et al., Respondents.

Ordered that the order is affirmed, with costs.

Although leave to amend a pleading "shall be freely given" in the absence of surprise or prejudice (CPLR 3025 [b]), the determination whether to grant such leave is within the court's discretion, and the exercise of that discretion will not be lightly disturbed ( see Travelers Prop. Cas. v. Powell, 289 AD2d 564, 565).

Given the plaintiffs' extended delay in moving for leave to serve an amended complaint, and the lack of a reasonable excuse for the delay in seeking that relief, the Supreme Court providently exercised its discretion in denying the plaintiffs' motion for that relief ( see Leonardi v. City of New York, 294 AD2d 408; Auwarter v. Malverne Union Free School Dist., 274 AD2d 528).

The plaintiffs' remaining contentions are without merit.

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SEWKARRAN v. DEBELLIS
(Oct 4, 2004)