A.L. Eastmond & Sons, Inc. v. Keevily, Spero-Whitelaw, Inc.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 25, 2012, which, upon granting plaintiffs motion to reargue, denied its motion to amend the complaint and add a new defendant, unanimously affirmed, with costs.

Under the circumstances, plaintiff’s motion to amend its complaint to assert fraud claims and add a defendant, made approximately three and one half months after depositions were taken, was not unduly delayed (see Kocourek v Booz Allen Hamilton Inc., 85 AD3d 502, 504 [1st Dept 2011]). Nonetheless, plaintiff failed to demonstrate that its proposed amendment is…