Opinion
March 20, 1995
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the appeal from the order entered July 15, 1993 is dismissed, as that order was superseded by the resettled order dated August 10, 1993; and it is further,
Ordered that the order dated August 10, 1993 is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
A motion to amend a pleading is committed to the sound discretion of the trial court, whose determination will not lightly be set aside (see, Edenwald Contr. Co. v. City of New York, 60 N.Y.2d 957; F.G.L. Knitting Mills v. 1087 Flushing Prop., 191 A.D.2d 533). Under the circumstances of this case, there is no reason to set aside the trial court's denial of the appellants' motion for leave to serve an amended answer (see, Courageous Syndicate v. People-To-People Sports Comm., 141 A.D.2d 599; cf., Noanjo Clothing v. L M Kids Fashions, 207 A.D.2d 436). Sullivan, J.P., Balletta, Miller and Ritter, JJ., concur.