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CINTRON v. NEW YORK CITY TRANSIT AUTHORITY

3304, 3305N, 118093/04

77 A.D.3d 410 (2010)

908 N.Y.S.2d 190

EDELFIN CINTRON et al., Appellants-Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and EOP WORLDWIDE PLAZA, LLC, et al., Respondents-Appellants, et al., Defendant.

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

Decided October 5, 2010.

The motion court properly exercised its discretion in denying the motion to amend the bill of particulars, where the delay in making the motion was unreasonable given that it was made four months following the filing of the note of issue and four years after the commencement of the action (see e.g. Keene v Columbia-Presbyterian Med. Ctr., 214 A.D.2d 430 [1995]). The claim of plaintiffs' counsel that he relied on his client's...

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