The following e-filed documents, listed by NYSCEF document number (Motion 013) 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387 were read on this motion to/for AMEND CAPTION/PLEADINGS. DECISION ORDER ON MOTION Defendants move to amend their answers to assert counterclaims under the newly amended anti-SLAPP (strategic lawsuit against public participation) statute. Plaintiffs cross-move, inter alia, to compel defendants appear for additional depositions. CPLR §3025(b) governs permissive leave to amend a pleading upon terms which are just. Leave is to be freely given absent a showing that amendment would cause surprise or prejudice (Fahey v. County of Ontario, 44 NY2d 934 [1978]; 170 W. Vil. Assoc. v. G & E Realty, Inc., 56 AD3d 372 [1st Dept 2008]; Lanpont v. Savvas Cab Corp., Inc., 244 AD2d 208 [1st Dept 1997]). Here, following the filing of this suit, the legislature amended the anti-SLAPP statute. As relevant to this motion, plaintiffs contend that defendants defamed Cedeno and his law firm by, inter alia, bringing the related prior lawsuit under index number 158224/2016 and asserting allegations of sexual misconduct. The addition of defendants’ anti-SLAPP defenses will not surprise or prejudice plaintiffs, as these defenses are based upon the same facts already at issue in this matter (see e.g. Kocourek v. Booz Allen Hamilton Inc., 85 AD3d 502 [1st Dept 2011]). Accordingly, it is ORDERED that the defendants’ motion is granted and defendants shall serve a copy of their amended answer(s), as annexed to the instant motion, upon plaintiffs within 10 days of notice of entry of this decision and order; and it is further ORDERED that the plaintiffs’ cross-motion seeking to compel further depositions is granted solely to the extent of directing the motion be heard by the discovery referee identified by the Court’s February 3, 2022 Conference Order (see also Decision and Order on Mot. Seqs. 012 and 016, NYSCEF Doc. Nos. 464 & 465) to hear and report by May 16, 2022. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED X GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE Dated: February 7, 2022
