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CURRERI v. KIRSCHENBAUM

200 A.D.2d 551 (1994)

608 N.Y.S.2d 842

John J. Curreri, Respondent, v. Steven A. Kirschenbaum, Appellant

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

January 10, 1994

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

The determination of whether to grant or deny a motion for leave to serve an amended pleading is a matter resting within the sound discretion of the trial court and will not lightly be set aside (see, Garza v VICO Utils., 150 A.D.2d 520). The court did not improvidently exercise its discretion in denying the defendant's motion for leave to serve...

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