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ALCALA v. SOUNDVIEW HEALTH CENTER

3500N, 8196/96.

77 A.D.3d 591 (2010)

909 N.Y.S.2d 359

ANTHONY ALCALA, an Infant by His Mother, YASMIN TORRES, et al., Appellants, v. SOUNDVIEW HEALTH CENTER, Respondent.

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

Decided October 28, 2010.

Denial of the motion to amend, made 15 years after the alleged malpractice, 12 years after the initial bill of particulars, and more than four years after its first amendment, was a proper exercise of the court's discretion. Not only did plaintiffs fail to offer a reasonable excuse for this inordinate delay, but the proposed amendment had no merit (see Katechis v Our Lady of Mercy Med. Ctr., 36 A.D.3d 514, 516 [2007]), propounding...

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