Birch Wathen Lenox School v. Butler Rogers Baskett, P.C.

Appellate Division of the Supreme Court of New York

Birch Wathen Lenox School v. Butler Rogers Baskett, P.C.

25 A.D.3d 440, 806 N.Y.S.2d 872

Appellate Division of the Supreme Court of the State of New York·Decided January 17, 2006·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered June 10, 2005, which granted defendant Butler Rogers Baskett’s motion to preclude plaintiff from amending its expert disclosure, unanimously affirmed, without costs.

In this action alleging architect malpractice, the motion court properly denied leave to amend to add an additional theory of damages in light of, inter alia, plaintiffs prolonged resistance to disclosure regarding such damages and the fact that the amendment was sought virtually on the eve of trial (cf. Lissak v Cerabona, 10 AD3d 308 [2004]). Concur—Tom, J.P., Friedman, Nardelli and Sweeny, JJ.

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Order, Supreme Court, New York County (Harold B. Beeler, J.), entered June 10, 2005, which granted defendant Butler Rogers Baskett’s motion to preclude plaintiff from amending its expert disclosure, unanimously affirmed, without costs.

In this action alleging architect malpractice, the motion court properly denied leave to amend to add an additional theory of damages in light of, inter alia, plaintiffs prolonged resistance to disclosure regarding such damages and the fact that the amendment was sought virtually on the eve of trial (cf. Lissak v Cerabona, 10 AD3d 308 [2004]). Concur—Tom, J.P., Friedman, Nardelli and Sweeny, JJ.

Birch Wathen Lenox School v. Butler Rogers Baskett, P.C., 25 A.D.3d 440, 806 N.Y.S.2d 872 (N.Y. Ct. App. 2006).

Pincite

25 A.D.3d 440 (Birch Wathen Lenox School v. Butler Rogers Baskett, P.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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