Falk v. National U. Fire Ins., Pittsburgh

Full title: GLEN FALK, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF…

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

Date published: Apr 30, 1998

249 A.D.2d 238 (N.Y. App. Div. 1998)

671 N.Y.S.2d 650

Opinion

April 30, 1998

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).

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 A.D.2d 271; Rife v. Union Coll., 30 A.D.2d 504, 505). The proposed modification of the preliminary conference order, which seeks an extension of deadlines for plaintiff's disclosure and disclosure from defendants, was properly denied in the absence of any excuse for plaintiff's noncompliance with the present deadlines.

Concur — Milonas, J.P., Wallach, Tom, Mazzarelli and Saxe, JJ.