BROCK v. BROCK

Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was for leave to amend the complaint and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The court's denial of the branch of the plaintiffs' motion which was for leave to amend their complaint was an improvident exercise of its discretion, inasmuch as there is no indication of delay or prejudice, and there may be merit to the proposed cause of action ( see, Noanjo Clothing v. L M Kids Fashion, 207 A.D.2d 436).

The plaintiffs' remaining contention is without merit.

Miller, J.P., Copertino, Thompson and Friedmann, JJ., concur.