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CROSS v. ZYBURO

247 A.D.2d 507 (1998)

668 N.Y.S.2d 913

Emily J. Cross, Appellant, v. Joseph W. Zyburo et al., Respondents. (And a Third-Party Action.) (Action No. 1.) Emily J. Cross, Appellant, v. Bernard S. Greco, Respondent. (And a Third-Party Action.) (Action No. 2.)

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

February 17, 1998

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Given the plaintiff's gross delay of approximately twelve years, the Supreme Court did not improvidently exercise its discretion in denying the motion to amend her complaint (see, Rose v Velletri, 202 A.D.2d 566, 567) and the motion to deem certain issues resolved pursuant to the notice to admit...

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