Opinion
January 12, 1999.
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Plaintiff withdrew its claims for monetary damages in 1994 and numerous subsequent pretrial rulings have been made in reliance upon the absence of any claim for damages. The action, after extraordinarily protracted discovery, is now trial ready, plaintiff having previously filed a note of issue and certificate of readiness. Thus, the motion court did not improvidently exercise its discretion in denying plaintiff's motion to amend its complaint to assert, once again, a claim for monetary damages, particularly since permitting the amendment at this late stage in the litigation would be prejudicial to defendant ( see, Adams Drug Co. v. Knobel, 129 A.D.2d 401, 404).
Concur — Rosenberger, J.P., Williams, Mazzarelli and Saxe, JJ.