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REULING v. CONSOLIDATED EDISON CO. OF N.Y., INC.

15363N, 117414/08.

138 A.D.3d 439 (2016)

30 N.Y.S.3d 605

2016 NY Slip Op 02707

VALERIE REULING, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, v. TULLY CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

Decided April 7, 2016.

The decision to permit an amendment to a pleading or bill of particulars, especially on the eve of trial, is committed to the sound discretion of the IAS court (Lissak v Cerabona, 10 A.D.3d 308, 310 [1st Dept 2004]). Here, we find the IAS court did not abuse its discretion in denying plaintiff leave to amend to add claims of injuries to her left foot. While plaintiff was aware of the injury...

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