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MURPHY v. CAPONE

168 A.D.2d 437 (1990)

Terence W. Murphy, Respondent, v. Sally Capone et al., Appellants

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

December 3, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to serve a third amended verified complaint (see, Murray v City of New York, 43 N.Y.2d 400). As the defendants concede, the amendments the plaintiff sought to make, with the exception of the withdrawal of 6 of the 8 causes of action, were only of "the...

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