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JACOBSON v. CROMAN

10503N, 600886/07.

107 A.D.3d 644 (2013)

969 N.Y.S.2d 20

2013 NY Slip Op 4909

GUY J. JACOBSON, Individually and on Behalf of 99-105 THIRD AVENUE REALTY, LLC, Appellant, v. STEVEN CROMAN et al., Respondents, et al., Nominal Defendant.

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

Decided June 27, 2013.

The primary reason the IAS court denied plaintiff's motion was that he had failed to vacate his note of issue. However, the fact that a motion to amend is made after a note of issue "does not of necessity call for its denial" (Smith v Industrial Leasing Corp., 124 A.D.2d 413, 415 [3d Dept 1986]).

To be sure, "where the amendment is sought after a long delay, and a statement of readiness has been filed, judicial discretion...

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