Krown v Jeffrey I. Mechanic, MD, P.C

[*1] Krown v Jeffrey I. Mechanic, MD, P.C 2010 NY Slip Op 50046(U) [26 Misc 3d 131(A)] Decided on January 14, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter JJ
570691/09.

Linda Krown, Plaintiff-Appellant,

against

Jeffrey I. Mechanic, MD, P.C., and Dr. Elise Brett, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered September 21, 2009, which denied her motion to amend the complaint to assert a claim for punitive damages.

Per Curiam.

Order (Joan M. Kenney, J.), entered September 21, 2009, affirmed, with $10 costs.

Civil Court providently exercised its discretion in denying plaintiff's motion to amend the complaint to assert a claim for punitive damages. The motion was made more than eight months after the notice of trial was filed and after the trial had been adjourned on multiple occasions (see Schiffer v Speaker, 36 AD3d 520 [2007]; see also Kassis v Teacher's Ins. and Annuity Assn., 258 AD2d 271 [1999]), and, under the circumstances presented, defendants would be prejudiced by the belated amendment (see Chichilnisky v Trustees of Columbia Univ., 49 AD3d 388 [2008]; Heller v Provenzano, 303 AD2d 20 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: January 14, 2010