BRYANT v. BECKFORD


38 A.D.2d 829 (1972)

Oliver Bryant et al., Plaintiffs, v. Lloyd C. Beckford et al., Defendants Lascelles Beckford, an Infant, by His Natural Father and Guardian, Lloyd Beckford, Plaintiff, and Lloyd Beckford, Appellant, v. Ellery Mitchell, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1972


Order affirmed, without costs.

The proffered excuse for the amendment sought is that appellant's attorney allegedly became aware for the first time of appellant's failure to assert his alleged $2,000 property damage claim on the eve of the trial, about 5½ years after appellant's complaint was served. In our opinion, in the light of the record herein, the Special Term did not abuse its discretion in finding the proffered excuse to be incredible and inadequate...

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