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Levine v. Tolchin

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 173 (N.Y. App. Div. 1997)

Opinion

April 8, 1997


Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about August 6, 1996, which, inter alia, vacated certain portions of a preliminary conference order, previously consented by the parties, and permitted plaintiff to amend the bill of particulars to set forth plaintiff's claim of pecuniary loss, unanimously affirmed, without costs.

Under the particular circumstances herein, the court appropriately exercised its discretion when it relieved plaintiff from the consequences of the stipulation reflected in the preliminary conference order here in issue ( see, 1420 Concourse Corp. v. Cruz, 175 A.D.2d 747, 748). In particular, we note that there was no demonstrable prejudice to defendants in allowing the amendment sought.

Concur — Rosenberger, J.P., Wallach, Nardelli and Rubin, JJ.


Summaries of

Levine v. Tolchin

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 173 (N.Y. App. Div. 1997)
Case details for

Levine v. Tolchin

Case Details

Full title:MARIE LEVINE, as Administratrix of the Estate of PETER LEVINE, Deceased…

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

Date published: Apr 8, 1997

Citations

238 A.D.2d 173 (N.Y. App. Div. 1997)
655 N.Y.S.2d 955