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TAYLOR v. TOMPKINS

279 A.D.2d 625 (2001)

719 N.Y.S.2d 888

KATHLEEN TAYLOR, Appellant, v. CAROL A. TOMPKINS et al., Defendants, and JOHN C. SULLIVAN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 29, 2001.

Ordered that the order is affirmed, with costs.

The decision whether or not to allow a plaintiff to amend a complaint on the eve of trial is committed to the sound discretion of the trial court and its determination will not lightly be set aside (see, Napoli v Canada Dry Bottling Co., 166 A.D.2d 696). Here, the trial court providently exercised its discretion in denying the plaintiff's motion for leave to amend (see, Prudential...

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