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Folsom v. Korvettes Div. of Spartans Indus

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1976
52 A.D.2d 574 (N.Y. App. Div. 1976)

Opinion

April 5, 1976


In an action inter alia to recover the balance due for goods sold and delivered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County, dated January 7, 1976, as denied its motion for leave to serve a second amended complaint. Order affirmed insofar as appealed from, with $50 costs and disbursements. The death of the witness through whom defendant's depositions were taken and the delay of 40 months between the completion of disclosure proceedings and the making of the motion to amend when the case was called for trial would have resulted in "substantial prejudice" had the motion been granted: appellant's "gross laches" warranted the denial of the motion (see De Fabio v Nadler Rental Serv., 27 A.D.2d 931). Hopkins, Acting P.J., Margett, Damiani, Rabin and Hawkins, JJ., concur.


Summaries of

Folsom v. Korvettes Div. of Spartans Indus

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1976
52 A.D.2d 574 (N.Y. App. Div. 1976)
Case details for

Folsom v. Korvettes Div. of Spartans Indus

Case Details

Full title:FOLSOM CORPORATION, Appellant, v. KORVETTES DIVISION OF SPARTANS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1976

Citations

52 A.D.2d 574 (N.Y. App. Div. 1976)

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