Wilson v. Samoval

Full title: PAULINE H. WILSON, Appellant, v. DAVID SAMOVAL et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 1993

194 A.D.2d 723 (N.Y. App. Div. 1993)

601 N.Y.S.2d 805

Opinion

June 21, 1993

Appeal from the Supreme Court, Queens County (Leviss, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the complaint (see, Wilson v. Merrill Lynch, Pierce, Fenner Smith, 66 N.Y.2d 988; WDM Planning v. United Credit Corp., 47 N.Y.2d 50; Angel v. Levittown Union Free School Dist. No. 5, 171 A.D.2d 770) and did not improvidently exercise its discretion in denying the plaintiff's cross motion for leave to serve an amended complaint (see, CPLR 3025 [b]; Citrin v. Royal Ins. Co, 172 A.D.2d 795). Balletta, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.