DiBetta . v. Silberberg

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated May 15, 2007, as denied that branch of their motion which was, in effect, pursuant to CPLR 3025 (b) for leave to amend the complaint to name an additional defendant.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiffs’ motion which was, in effect, pursuant to CPLR 3025…