BREGER v. CITY OF NEW YORK


34 A.D.3d 712 (2006)

823 N.Y.S.2d 912

LANCE BREGER, Respondent, v. CITY OF NEW YORK, Respondent, et al., Defendant, and MARVIN HELLMAN et al., Appellants.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs to the plaintiff-respondent.

The Supreme Court providently exercised its discretion in denying the appellants' motion for leave to serve an amended answer. The appellants did not offer a sufficient excuse for failing to make this motion until almost nine years after serving their original answer in 1996. Moreover, the defendants' prior admissions contradict at least one of the allegations set out in their proposed amended...

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