Santorelli v. New York City Transit Authority

Full title: NEREIDA SANTORELLI, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Jun 16, 1986

121 A.D.2d 527 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Richmond County (Amann, J.).

Order affirmed, with costs.

The plaintiff did not move for leave to amend the complaint, bill of particulars and notice of claim to allege a cause of action to recover damages for wrongful death until more than a year and a half after the decedent's death and five days before the case was scheduled for trial.

Since the plaintiff failed to demonstrate a reasonable excuse for the lengthy delay, it was not an abuse of discretion for Special Term to deny her motion for leave to amend (see, Bertan v. Richmond Mem. Hosp. Health Center, 106 A.D.2d 362; Perricone v. City of New York, 96 A.D.2d 531, affd 62 N.Y.2d 661). Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.