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A.L. EASTMOND & SONS, INC. v. KEEVILY, SPERO-WHITELAW, INC.

10364N, 304461/08.

107 A.D.3d 503 (2013)

968 N.Y.S.2d 436

2013 NY Slip Op 4434

A.L. EASTMOND & SONS, INC., Appellant, v. KEEVILY, SPERO-WHITELAW, INC., Respondent.

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

Decided June 13, 2013.

Under the circumstances, plaintiff's motion to amend its complaint to assert fraud claims and add a defendant, made approximately three and one half months after depositions were taken, was not unduly delayed (see Kocourek v Booz Allen Hamilton Inc., 85 A.D.3d 502, 504 [1st Dept 2011]). Nonetheless, plaintiff failed to demonstrate that its proposed amendment is supported by a sufficient showing of merit (see MBIA Ins. Corp. v...

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