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LATTANZIO v. LATTANZIO

55 A.D.3d 431 (2008)

866 N.Y.S.2d 151

FRED A. LATTANZIO et al., Respondents, v. NICHOLAS LATTANZIO et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

October 23, 2008.

The motion court did not improperly deny leave to defendants to further amend their answer, because "the factual basis of the proposed amended answer was known at the time of the original answer" (Birdsall v City of New York, 60 A.D.2d 522, 522 [1977]) in December 2004. Furthermore, defendants, in their first motion to amend in February 2006, had not made the change sought in their second...

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