Legal Opinion

Reuling v. Consolidated Edison Co. of New York, Inc.

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

Decided April 7, 2016No. 15363N 117414/08PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered January 21, 2015, which, inter alia, denied plaintiff’s motion for leave to supplement and amend her bill of particulars, unanimously affirmed, without costs.

The decision to permit an amendment to a pleading or bill of particulars, especially on the eve of trial, is committed to the sound discretion of the IAS court (Lissak v Cerabona, 10 AD3d 308, 310 [1st Dept 2004]). Here, we find the IAS court did not abuse its discretion in denying plaintiff leave to amend to add claims of injuries to her left foot. While plaintiff was…

2Cases cited3 opinions

  1. Kimso Apartments, LLC v. Mahesh GandhiNew York Court of Appeals · 2014
  2. Ruskin v. SafirAppellate Division of the Supreme Court of the State of New York · 1999
  3. Lissak v. CerabonaAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. 17 East 96th Street Owners Corp. v. Madison 96th Street Associate, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  2. Cruz v. Sharkey's Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Cruz v. Sharkey's Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2021

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