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DENI v. AIR NIAGARA

190 A.D.2d 1011 (1993)

Frank Deni, Individually and as Custodian for Kris M. Deni and Others, et al., Appellants, v. Air Niagara et al., Defendants, and Arnheim & McCostis, as Escrow Agent, et al., Respondents. (Appeal No. 1.)

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

February 5, 1993

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' cross motion for leave to serve a second amended complaint and for an order vacating the note of issue. The application for leave to amend was made more than two years after filing of the note of issue, the proposed amendment was based upon factual circumstances known at the time the action was commenced in 1984, and plaintiffs have failed to show a reasonable excuse...

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