TRICARICO v. B & B EQUIP. CO., INC.


249 A.D.2d 296 (1998)

671 N.Y.S.2d 299

Frank Tricarico et al., Respondents, v. B & B Equipment Co., Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

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

April 6, 1998


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

Given the length of the appellant's delay in moving to amend its answer, its failure to provide a reasonable explanation for the delay, the prejudice the proposed amendment would cause the plaintiffs, and the apparent lack of merit of the proposed amendment, the Supreme Court did not improvidently exercise its discretion in denying the appellant's motion (see, Matter of Goggins...

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