TEXACO, INC. v. GERBER

Ordered that the order is affirmed, with costs.

Special Term properly permitted the service of the proposed supplemental verified answer as modified by that court. Leave to supplement pleadings should be freely granted (see, CPLR 3025 [b]) "unless the amendment sought is palpably improper or insufficient as a matter of law or unless prejudice or surprise directly results from delay in seeking such amendment" (see, Barnes v. County of Nassau, 108 A.D.2d 50, 52).

The proposed supplemental answer, in its modified form, was not clearly meritless so as to warrant its rejection; nor was any prejudice alleged as a result in the delay in the service of the pleading. Lawrence, J.P., Eiber, Kunzeman and Sullivan, JJ., concur.