Simpson v. Browning-Ferris Industries Chemical Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Leviss, J.), dated March 17, 1987, which denied their motion to amend their bill of particulars.
Ordered that the order is affirmed, with costs.
While the general rule is that leave to amend "shall be freely given upon such terms as may be just” (CPLR 3025 [b]), judicial discretion in allowing such an amendment on the eve of trial should be " 'discreet, circumspect, prudent and cautious’ ” (Smith v Sarkisian, 63 AD2d 780, 781 [affd 47 NY2d 878 for reasons…
2Cases cited8 opinions
- Smith v. SarkisianAppellate Division of the Supreme Court of the State of New York · 1978
- Smith v. SarkisianNew York Court of Appeals · 1979
- Perricone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Symphonic Electronic Corp. v. Audio Devices, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Raies v. Apple Annie's RestaurantAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by8 opinions
- Benjamin v. DesaiAppellate Division of the Supreme Court of the State of New York · 1996
- Davidian v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991
- Jefferson v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1996
- Daud v. ForestAppellate Division of the Supreme Court of the State of New York · 1991
- Thompson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.