Legal Opinion

Alcala v. Soundview Health Center

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 2010PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about July 14, 2009, which, to the extent appealed from, denied plaintiffs’ motion for leave to amend their bill of particulars, unanimously affirmed, without costs.

Denial of the motion to amend, made 15 years after the alleged malpractice, 12 years after the initial bill of particulars, and more than four years after its first amendment, was a proper exercise of the court’s discretion. Not only did plaintiffs fail to offer a reasonable excuse for this inordinate delay, but the proposed amendment had no merit (see…

2Cases cited2 opinions

  1. Katechis v. Our Lady of Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
  2. Vega v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Henchy v. VAS Express Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Tower Natl. Ins. Co. v. LugoAppellate Division of the Supreme Court of the State of New York · 2021
  3. Tower Natl. Ins. Co. v. LugoAppellate Division of the Supreme Court of the State of New York · 2021
  4. Henchy v. VAS Express Corp.Appellate Division of the Supreme Court of the State of New York · 2014

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