WITTUS v. DODGE II


305 A.D.2d 404 (2003)

758 N.Y.S.2d 515

NIELS WITTUS et al., Respondents, v. JAMES M. DODGE II et al., Defendants, and GEOFFREY DODGE, Sued Herein as JEFFREY DODGE, Appellant.

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

Decided May 5, 2003.


Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion for leave to amend his answer, made on the eve of trial (see Danne v Otis El. Corp., 276 A.D.2d 581, 582 [2000]; DeNicola v Mary Immaculate Hosp., 272 A.D.2d 505, 506 [2000]; Smith v Plaza Transp. Ambulance Serv., 243...

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