Filed Date: 4/22/2004
Status: Precedential
Modified Date: 11/1/2024
The motion was properly granted upon a record showing that the facts underlying the amendment were made known to defendant-appellant at an early stage of the action, and where the amendment seeks only to add a new theory of liability based on those facts (see Falk v National Union Fire Ins. Co., 249 AD2d 238 [1998]). Concur—Tom, J.P., Saxe, Ellerin and Lerner, JJ.