Opinion
November 16, 1989
Appeal from the Supreme Court, New York County (Jacqueline Silbermann, J.).
The court did not abuse its discretion in granting the motion for leave to serve a supplemental complaint. Defendant fails to demonstrate that plaintiff's delay in asserting the additional cause of action substantially impaired his ability to respond to it. (See, 3 Weinstein-Korn-Miller, N Y Civ Prac ¶ 3025.14, at 30-607.) Nor are we persuaded that plaintiff's counsel intentionally deceived opposing counsel; in any event, the conduct would not warrant denial of the motion. Further, we conclude that for purposes of the motion, the complaint sufficiently pleads, and plaintiff's affidavit adequately supports, a cause of action for divorce based on cruel and inhuman treatment.
Concur — Milonas, P.J., Rosenberger, Ellerin and Rubin, JJ.