Panasia Estate, Inc. v. Broche
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although motions for leave to amend may be granted on the eve of trial (see CPLR 3025 [c]; Reyes v City of New York, 63 AD3d 615, 616 [2009], lv denied 13 NY3d 710 [2009]), the motion court properly denied plaintiffs motion because defendants would be unduly prejudiced by the proposed amendment, which seeks to add a new theory of liability (see Spence v Bear Stearns & Co., 264 AD2d 601 [1999]). The record reveals that discovery, which had been tailored to the theories of liability set forth in the second amended complaint, was nearly complete and the filing date of the note of issue was…
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- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
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- Eighth Avenue Garage Corp. v. H.K.L. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Reyes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Spence v. Bear Stearns & Co.Appellate Division of the Supreme Court of the State of New York · 1999
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