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SPENCE v. BEAR STEARNS & CO., INC.

264 A.D.2d 601 (1999)

694 N.Y.S.2d 654

KATHRYN SPENCE, Respondent, v. BEAR STEARNS & CO., INC., Respondent-Appellant, and COLTON HARTNICK YAMIN & SHERESKY et al., Appellants-Respondents. (And Other Actions.)

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

Decided September 16, 1999.

It was an improvident exercise of discretion to grant leave to amend the complaint as to defendant Bear Stearns & Co., in light of the inexcusable delay of 6½ years in seeking to amend, to add the new theory of liability and to increase the ad damnum clause, and the lack of any evidentiary showing of merit (see, Morgan v Manhattan & Bronx Surface Tr. Operating Auth., 238 A.D.2d 278, lv dismissed 90 N.Y.2d 935...

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