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PANASIA ESTATE, INC. v. BROCHE

5974N, 104355/09

89 A.D.3d 498 (2011)

932 N.Y.S.2d 340

2011 NY Slip Op 7922

PANASIA ESTATE, INC., Appellant, v. DANIEL R. BROCHE, Respondent, et al., Defendants.

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

Decided November 10, 2011.

Although motions for leave to amend may be granted on the eve of trial (see CPLR 3025 [c]; Reyes v City of New York, 63 A.D.3d 615, 616 [2009], lv denied 13 N.Y.3d 710 [2009]), the motion court properly denied plaintiff's motion because defendants would be unduly prejudiced by the proposed amendment, which seeks to add a new theory of liability (see Spence v Bear Stearns &...

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