Vitale v. Eventquest, Inc.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 22, 2005, which, in an action for sexual harassment and retaliation, insofar as appealed from, conditioned the grant of plaintiff estate’s motion for leave to amend the complaint on plaintiffs payment of defendant-respondent’s legal fees incurred in connection with the parties’ discovery dispute, unanimously reversed, on the facts, without costs, and the motion granted unconditionally.

*331As described by the motion court, plaintiffs admitted motive for seeking to amend the complaint so as to withdraw all claims for its…