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SIMPSON v. BROWNING-FERRIS INDUS. CHEM. SERVS., INC.

146 A.D.2d 769 (1989)

John Simpson et al., Appellants, v. Browning-Ferris Industries Chemical Services, Inc., Respondent. (And a Third-Party Action.)

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

January 30, 1989

Ordered that the order is affirmed, with costs.

While the general rule is that leave to amend "shall be freely given upon such terms as may be just" (CPLR 3025 [b]), judicial discretion in allowing such an amendment on the eve of trial should be "`discreet, circumspect, prudent and cautious'" (Smith v Sarkisian, 63 A.D.2d 780, 781 [affd 47 N.Y.2d 878 for reasons stated in mem...

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