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MILKIS v. CONDOMINIUM LLOYD

24 Misc.3d 56 (2009)

DAVID MILKIS, an Infant, by His Mother and Natural Guardian, MARA MILKIS, et al., Respondents, v. CONDOMINIUM LLOYD 54 CONDOMINIUM et al., Defendants, and PAUL HARRIS, Also Known as HARRIS PAUL, et al., Appellants.

Supreme Court, Appellate Term, First Department.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Thomas M. Bona, P.C., White Plains (Kimberly C. Sheehan of counsel), for defendants and another.

Krause & Associates, P.C., New York City (Karen Gale O'Reilly of counsel), for respondents.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered February 25, 2008, affirmed, with $10 costs.

The court properly exercised its discretion in denying defendants' belated motion to amend their answer. Although permission to amend should ordinarily be freely granted (CPLR 3025 [b]), the movant must make some evidentiary showing that the proposed amendment has arguable merit (see Helene-Harrisson Corp...

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