NESS TECHNOLOGIES SARL v. PACTERA TECHNOLOGY INTERNATIONAL LTD.

11138N.

180 A.D.3d 607 (2020)

119 N.Y.S.3d 123

2020 NY Slip Op 01310

Ness Technologies SARL et al., Respondents, v. Pactera Technology International Limited, Appellant, et al., Defendants.

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

Decided February 25, 2020.


The motion court did not abuse its discretion in denying leave to amend. Defendant failed to explain why it waited until the brink of the discovery deadline to file its motion, and why it did not move by order to show cause or otherwise convey in a timely fashion the "emergency" that arose when it realized that plaintiffs' belated document production contained previously unknown admissions that formed the basis for the counterclaims...

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