POTTER v. CIGNA-McKILLEN


47 A.D.3d 909 (2008)

849 N.Y.S.2d 441

TRACY POTTER, Respondent, v. ROSEMARIE R. CIGNA-McKILLEN et al., Defendants and Third-Party Plaintiffs. NILT, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided January 29, 2008.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contentions, the Supreme Court providently exercised its discretion in denying its motion to strike the amended complaint adding it as a defendant in the main action. The amended complaint was served pursuant to a stipulation signed by the appellant, the appellant failed to demonstrate that it would be prejudiced by the delay in amending the complaint, and the amended complaint was neither...

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