Insofar as plaintiff's motion, made nearly one year after the filing of his note of issue, raised a new theory of liability based upon the alleged negligence of a nonparty, it was properly denied. Although plaintiff had been on notice for several months prior to the filing of his note of issue of the facts pertinent to the proposed amendment, he offered no explanation for his delay in moving to amend (see, CPLR 3042 [b]; 3043 [b]; Brugnano v Merrill Lynch &...
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