Videobox Networks, L.P. v. Durst

Full title: VIDEOBOX NETWORKS, L.P., Appellant, v. SHIRLEY DURST et al., Respondents…

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

Date published: Mar 25, 1999

259 A.D.2d 429 (N.Y. App. Div. 1999)

686 N.Y.S.2d 762

Opinion

March 25, 1999

Appeal from the Supreme Court, New York County (Alfred Toker, J.H.O.).

Plaintiff's eve-of-trial motion to change its theory of damages from lost rental income and cost of repair to reduced rental value was properly denied on the ground that the delay in asserting this new theory was both prejudicial and inexcusable (see, Roland v. Koppelman, 251 A.D.2d 176; Wilson v. Haagen-Dazs Co., 215 A.D.2d 338, lv dismissed 86 N.Y.2d 838).

Concur — Rosenberger, J. P., Tom, Wallach and Mazzarelli, JJ.