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BARRY v. CLERMONT YORK ASSOC. LLC

650838/12, 2335A, 2335.

144 A.D.3d 607 (2016)

2016 NY Slip Op 08017

42 N.Y.S.3d 123

STANLEY BARRY, Appellant, v. CLERMONT YORK ASSOCIATES LLC et al., Respondents.

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

Decided November 29, 2016.

The court providently exercised its discretion in denying plaintiff's motion for leave to amend, since the motion was unsupported by evidentiary proof (see e.g. Bag Bag v Alcobi, 129 A.D.3d 649 [1st Dept 2015]). Moreover, plaintiff failed to establish a reasonable excuse for his years-long delay in moving for leave to amend (see e.g. Oil Heat Inst. of Long Is. Ins. Trust v RMTS Assoc...

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