Leff v. Benihana of Tokyo

Order, Supreme Court, New York County (Marylin Diamond, J.), entered November 1, 2002, which, insofar as appealed from, denied plaintiff’s motion for leave to amend the complaint to add parties, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

This is a personal injury action against a restaurant based on plaintiff’s consumption of bottled water which allegedly caused bleeding and damage to her esophagus. While all disclosure was to be completed by December 2001, an expert report was furnished by defendant in August 2002,…