NASCA v. DELMONTE

1191 CA 13-00362.

111 A.D.3d 1427 (2013)

975 N.Y.S.2d 317

2013 NY Slip Op 7631

KATHLEEN NASCA et al., Appellants, v. MARK LOUIS DELMONTE, Doing Business as NIAGARA CHIROPRACTIC OFFICE (Formerly Incorrectly Sued Herein as "NIAGARA CHIROPRACTIC"), Respondent, et al., Defendant.

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

Decided November 15, 2013.


Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered May 8, 2012. The order denied the motions of plaintiff to amend the amended complaint and to add a party defendant.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the June 16, 2011 motion upon condition that plaintiffs shall serve the proposed pleading within 30 days of service of a copy of the order of this Court with notice of...

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