Carey v. Schwab

Stein, J.E

Appeal from an order of the Supreme Court (Ferradino, J.), entered November 18, 2013 in Saratoga County, which, among other things, denied plaintiffs motion to serve a second amended complaint.

The facts underlying this action are more fully set forth in a prior decision of this Court (108 AD3d 976 [2013]). Briefly, on May 24, 2008, defendant and two others rode three horses to a local tavern. While defendant — who was riding a horse he owned named Whiskey — was inside the tavern, Whiskey and another horse got loose from their restraints and took off. One of defendant’s companions…