Ordered that the order is affirmed insofar as appealed from, with costs.
It is well established that leave to amend pleadings shall be freely given unless the party opposing the motion can demonstrate prejudice or surprise from a delay and that mere delay, absent a showing of prejudice, is insufficient to deny such leave (see, Girardi v Community Hosp., 137 A.D.2d 788; Covert Ave. Apts. v Town of Babylon, 134 A.D.2d 230; Buley v Beacon Tex-Print, 118 A.D.2d 630).
It was not improvident for the court to permit the respondents to serve an amended complaint as asserted on behalf of the infant plaintiff under the circumstances herein as the initial complaint, notice of claim, bills of particulars and answers to interrogatories sufficiently apprised the appellants of the acts claimed to constitute the negligence and medical malpractice. The addition of the individual treating physicians, as actual tortfeasors in their personal capacities, rather than just as employees of the appellants, cannot be said to have operated to surprise or prejudice the appellants, particularly because the theories of liability remained unchanged. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.