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17 EAST 96TH STREET OWNERS CORP. v. MADISON 96TH STREET ASSOCIATES, LLC

2145N, 108695/04.

144 A.D.3d 452 (2016)

2016 NY Slip Op 07278

39 N.Y.S.3d 794

17 EAST 96TH STREET OWNERS CORP., Appellant, v. MADISON 96TH STREET ASSOCIATES, LLC, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided November 3, 2016.

Supreme Court providently exercised its discretion by denying plaintiff leave to amend its complaint on the eve of trial (see Reuling v Consolidated Edison Co. of N.Y., Inc., 138 A.D.3d 439 [1st Dept 2016]). There is no evidence in the record to suggest that defendant's conduct rose to the level of warranting the imposition of punitive damages (see Walker v Sheldon, 10 N.Y.2d 401, 405 [1961...

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