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EGGELING v. COUNTY OF NASSAU

97 A.D.2d 395 (1983)

Paul W. Eggeling et al., Appellants, v. County of Nassau, Respondent

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

October 3, 1983

Order affirmed, insofar as appealed from, with costs. When an amendment to a pleading or a bill of particulars is sought at or on the eve of trial, judicial discretion in allowing such an amendment should be "`discreet, circumspect, prudent and cautious'" (Smith v Sarkisian, 63 A.D.2d 780, 781, affd for reasons stated in mem at App Div 47 N.Y.2d 878, quoting Symphonic Electronic Corp. v Audio...

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