Birch Wathen Lenox School v Butler Rogers Baskett, P.C.

Birch Wathen Lenox School v Butler Rogers Baskett, P.C. 2006 NY Slip Op 00244 [25 AD3d 440] January 17, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

The Birch Wathen Lenox School, Appellant,
v
Butler Rogers Baskett, P.C., Respondent, et al., Defendant. (And Another Action.)

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Order, Supreme Court, New York County (Harold B. Beeler, J.), entered June 10, 2005, which granted defendant Butler Rogers Baskett's motion to preclude plaintiff from amending its expert disclosure, unanimously affirmed, without costs.

In this action alleging architect malpractice, the motion court properly denied leave to amend to add an additional theory of damages in light of, inter alia, plaintiff's prolonged resistance to disclosure regarding such damages and the fact that the amendment was sought virtually on the eve of trial (cf. Lissak v Cerabona, 10 AD3d 308 [2004]). Concur—Tom, J.P., Friedman, Nardelli and Sweeny, JJ.