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16 W. 8TH LLC v. GLUCKMAN

Index No. 162163/14 Appeal No. 1201 Case No. 2022-03940.

222 A.D.3d 449 (2023)

202 N.Y.S.3d 25

2023 NY Slip Op 06327

16 West 8th LLC, Appellant, v. Thomas Gluckman et al., Respondents.

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

Decided December 12, 2023.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( David J. Kanfer of counsel), for appellant.

Moritt Hock & Hamroff, LLP, New York ( Alexander Litt of counsel), for Thomas Gluckman and Roby Gluckman, respondents

Guzov, LLC, New York ( Anne W. Salisbury of counsel), for Matthew Modine, Caridad Modine and The Modine Family Trust, respondents.

Concur—Kern, J.P., Singh, Kennedy, Rodriguez, JJ.

Order, Supreme Court, New York County (Richard Latin, J.), entered September 1, 2022, which denied plaintiff's motion to amend the complaints to add a claim for gross negligence, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in denying plaintiff's motion for leave to amend the complaints to add a claim for gross negligence. Contrary to plaintiff's contention, even assuming that the amendment would not prejudice defendants, that...

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