Legal Opinion

Breger v. City of New York

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

Decided November 28, 2006Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants Marvin Hellman and Rozi Hellman appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated March 1, 2006, which denied their motion for leave to serve an amended answer.

Ordered that the order is affirmed, with costs to the plaintiff-respondent.

The Supreme Court providently exercised its discretion in denying the appellants’ motion for leave to serve an amended answer. The appellants did not offer a sufficient excuse for failing to make this motion until almost nine years after serving their original…

2Cases cited3 opinions

  1. Surgical Design Corp. v. CorreaAppellate Division of the Supreme Court of the State of New York · 2006
  2. AFBT-II, LLC v. Country Village on Mooney Pond, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Dahlin v. PaladinoAppellate Division of the Supreme Court of the State of New York · 2005

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