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JACQUELINE MUNEEB, ET AL., appellants, v. QI-XIONG CEN, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Generally, leave to amend a pleading is freely given absent prejudice or surprise resulting from the delay (see CPLR 3025; McCaskey, Davies Assoc. v. New York City Health Hosp. Corp., 59 N.Y.2d 755). The decision to allow or disallow an amendment is committed to the sound discretion of the Supreme Court, the exercise of which should not be lightly disturbed (see Edenwald Contr. Co. v. City of New York, 60 N.Y.2d 957, 959; Leonardi v. City of New York, 294 A.D.2d 408). The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to serve an amended complaint increasing the ad damnum clause. The plaintiffs, inter alia, failed to establish that the increase was warranted by reason of facts which had recently come to their attention (see Lopez v. Alexander, 251 A.D.2d 297; see also F.G.L. Knitting Mills v. 1087 Flushing Prop., 191 A.D.2d 533). Furthermore, the plaintiffs failed to accompany their motion with physicians' affidavits or affirmations as required (see Lopez v. Alexander, supra).

SANTUCCI, J.P., FEUERSTEIN, SMITH and LUCIANO, JJ., concur.

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MUNEEB v. QI-XIONG CEN
(Mar 24, 2003)