Opinion
2012-11023
11-05-2014
MRI ENTERPRISES, INC., respondent, v. COMPREHENSIVE MEDICAL CARE OF NEW YORK, P.C., appellant.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Marci S. Zinn and Daniel E. Shapiro of counsel), for appellant. Paul J. Hyams, PLLC, Albany, N.Y., for respondent.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Marci S. Zinn and Daniel E. Shapiro of counsel), for appellant.
Paul J. Hyams, PLLC, Albany, N.Y., for respondent.
PETER B. SKELOS, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.
Opinion In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered August 29, 2012, which, upon a decision of the same court dated August 3, 2012 (Galasso, J.), made after a nonjury trial, is in favor of the plaintiff and against it in the total sum of $497,437.42.
ORDERED that the judgment is affirmed, with costs.
A court may amend pleadings before or after judgment to conform them to the evidence (see CPLR 3025[c] ). Where no prejudice is shown, an amendment may be allowed during or even after trial (see Dinizio & Cook, Inc. v. Duck Cr. Mar. at Three Mile Harbor, Ltd., 32 A.D.3d 989, 990, 821 N.Y.S.2d 649 ; Matter of Denton, 6 A.D.3d 531, 532, 774 N.Y.S.2d 424 ). Furthermore, an application for a continuance or adjournment is addressed to the sound discretion of the trial court, and the grant or denial thereof will be upheld on appellate review if the trial court providently exercised its discretion (see Matter of Winfield v. Gammons, 105 A.D.3d 753, 754, 963 N.Y.S.2d 272 ; Diamond v. Diamante, 57 A.D.3d 826, 827, 869 N.Y.S.2d 609 ; Noble Thread Corp. v. Noble Group Corp., 46 A.D.3d 778, 779, 847 N.Y.S.2d 668 ; Nieves v. Tomonska, 306 A.D.2d 332, 332, 760 N.Y.S.2d 682 ). A trial court, in the exercise of discretion and for sufficient reasons, may allow a party to reopen his or her case, and supplement the evidence to cure any defects in the evidence that have inadvertently occurred (see Fischer v. RWSP Realty, LLC, 63 A.D.3d 878, 878, 882 N.Y.S.2d 197 ; Kay Found. v. S & F Towing Serv. of Staten Is., Inc., 31 A.D.3d 499, 501, 819 N.Y.S.2d 765 ).
Here, under the circumstances of this case, the Supreme Court providently exercised its discretion in, sua sponte, amending the pleadings, continuing the trial, and permitting the plaintiff to reopen its case to present additional proof of damages (see Sweet v. Rios, 113 A.D.3d 750, 979 N.Y.S.2d 130 ; Thomas v. Rogers Auto Collision, Inc., 69 A.D.3d 608, 896 N.Y.S.2d 73 ).
Contrary to the defendant's contention, the bank records admitted into evidence at the continued hearing on damages were admissible as self-authenticating documents (see Thomas v. Rogers Auto Collision, Inc., 69 A.D.3d at 609, 896 N.Y.S.2d 73 ; Elkaim v. Elkaim, 176 A.D.2d 116, 574 N.Y.S.2d 2 ).
The defendant's remaining contentions are without merit.