Torres v. City of New York

Appellate Division of the Supreme Court of New York

Torres v. City of New York

202 A.D.2d 301, 610 N.Y.S.2d 769

Procedural entryThis page is a short order in Torres v. City of New York. Read the opinion of the Court — 177 A.D.2d 97 →

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1994·Published

Opinion

—Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about October 22, 1993, which denied New York City Housing Authority’s motion for leave to amend the answer to assert a counterclaim, unanimously affirmed, without costs.

In view of the extended and unexplained delay which preceded the application for leave to amend the answer, made on the eve of trial after plaintiff had been granted special preference and the failure to present any facts to show merit with respect to the proposed counterclaim, we find no basis to disturb the trial court’s sound exercise of discretion (CPLR 3025). Concur — Sullivan, J. P., Carro, Wallach, Kupferman and Ross, JJ.

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—Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about October 22, 1993, which denied New York City Housing Authority’s motion for leave to amend the answer to assert a counterclaim, unanimously affirmed, without costs.

In view of the extended and unexplained delay which preceded the application for leave to amend the answer, made on the eve of trial after plaintiff had been granted special preference and the failure to present any facts to show merit with respect to the proposed counterclaim, we find no basis to disturb the trial court’s sound exercise of discretion (CPLR 3025). Concur — Sullivan, J. P., Carro, Wallach, Kupferman and Ross, JJ.

Torres v. City of New York, 202 A.D.2d 301, 610 N.Y.S.2d 769 (N.Y. Ct. App. 1994).

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