Falk v. National Union Fire Insurance Co. of Pittsburgh

Appellate Division of the Supreme Court of New York

Falk v. National Union Fire Insurance Co. of Pittsburgh

249 A.D.2d 238, 671 N.Y.S.2d 650, 1998 N.Y. App. Div. LEXIS 4771

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1998·Published·Cited by 2 cases

Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 17, 1996, which, insofar as ap[239]*239pealed from, denied plaintiffs motion for leave to amend his complaint and for modification of a preliminary conference order, unanimously modified, on the law and the facts, to grant amendment of the complaint, and otherwise affirmed, without costs.

The proposed amendment, which seeks only to add an additional theory of recovery based upon the facts already alleged, should have been granted in the absence of a showing of prejudice (CPLR 3025 [b]; see, Trusthouse Forte [Garden City] Mgt. v Garden City Hotel, 106 AD2d 271; Rife v Union Coll., 30 AD2d 504, 505). The proposed modification of the preliminary conference order, which seeks an extension of deadlines for plaintiffs disclosure and disclosure from defendants, was properly denied in the absence of any excuse for plaintiffs noncompliance with the present deadlines. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 17, 1996, which, insofar as ap[239]*239pealed from, denied plaintiffs motion for leave to amend his complaint and for modification of a preliminary conference order, unanimously modified, on the law and the facts, to grant amendment of the complaint, and otherwise affirmed, without costs.

The proposed amendment, which seeks only to add an additional theory of recovery based upon the facts already alleged, should have been granted in the absence of a showing of prejudice (CPLR 3025 [b]; see, Trusthouse Forte [Garden City] Mgt. v Garden City Hotel, 106 AD2d 271; Rife v Union Coll., 30 AD2d 504, 505). The proposed modification of the preliminary conference order, which seeks an extension of deadlines for plaintiffs disclosure and disclosure from defendants, was properly denied in the absence of any excuse for plaintiffs noncompliance with the present deadlines. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

Falk v. National Union Fire Insurance Co. of Pittsburgh, 249 A.D.2d 238, 671 N.Y.S.2d 650, 1998 N.Y. App. Div. LEXIS 4771 (N.Y. Ct. App. 1998).

Pincite

249 A.D.2d 238 (Falk v. National Union Fire Insurance Co. of Pittsburgh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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