Opinion
2022-00718 Index 302074/12
02-03-2022
C and J Brothers, Inc, Plaintiff-Appellant, v. Hunts Point Terminal Produce Cooperative Association, Inc., Defendant-Respondent. Appeal No. 15233 Case No. 2021-00770
Barclay Damon LLP, New York (Michael J. Case of counsel), for appellant. Fleming Ruvoldt PLLC, New York (Cathy Fleming of counsel), for respondent.
Barclay Damon LLP, New York (Michael J. Case of counsel), for appellant.
Fleming Ruvoldt PLLC, New York (Cathy Fleming of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about May 27, 2020, which denied plaintiff's motion for leave to amend the complaint, unanimously affirmed, with costs.
Plaintiff sought amendment after the statute of limitations had expired on its claim and failed to satisfy the requirements of CPLR 203(b) (see Buran v Coupal, 87 N.Y.2d 173, 177-178 [1995]). Additionally, plaintiff's motion to amend was properly denied because of plaintiff's protracted delay and lack of diligence in seeking leave to amend. Furthermore, amendment at this late stage would prejudice the proposed new defendant (see Barry v Clermont York Assoc. LLC, 144 A.D.3d 607 [1st Dept 2016]; Oil Heat Inst. of Long Is. Ins. Trust v RMTS Assoc., 4 A.D.3d 290 [1st Dept 2004]).