Chesons Corp. v. City of New York

Order affirmed, without costs, on the ground that it was a proper exercise of discretion at Special Term in denying plaintiff’s motion to amend its complaint setting up a large sum as additional damages, in view of the long delay (Dickins v. City of New York, 228 App. Div. 853 ; Gallagher v. Perot, 122 Misc. 845 ) and the fact that conditions have changed to the prejudice of the rights of defendants in respect to producing proof on the question of damages. (Levy v. Delaware, L. & W. R. R. Co., 211 App. Div. 503 .) Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.