In RRL, LLC v. Narasin (NYLJ, Aug. 14, 2000, at 28, col 2 [App Term 1st Dept, per curiam]), the defendant had filed a pro se answer and, upon retaining counsel four months later, moved for leave to amend the answer to include breach of warranty-of-habitability counterclaims. The Appellate Term held that the Civil Court abused its discretion in denying defendant's motion to amend his answer because the petitioner was not surprised or prejudiced by the delay of the proposed amended answer.