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BIRCH WATHEN LENOX v. BUTLER ROGERS BASKETT
Appellate Division of the Supreme Court of New York, First Department.
Jan 17, 2006
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).
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