Opinion
February 15, 1994
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
Inasmuch as we have no record of the proceedings on December 4, 1991, we are unable to determine whether the court's dismissal was warranted by counsel's refusal to proceed absent the requested amendment; however, even though such amendment is unwarranted, the court should have limited itself at that time to disallowing it.
We have considered plaintiff-appellant's other points and find them unpersuasive.
Concur — Carro, J.P., Kupferman, Asch, Rubin and Nardelli, JJ.