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Daniel R. Wotman & Assoc., PLLC v. Chang
Citations: 2017 NY Slip Op 2141; 148 A.D.3d 571; 50 N.Y.S.3d 64Docket: 3479 110893/10
Court: Appellate Division of the Supreme Court of the State of New York; March 23, 2017; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division, First Department, affirmed the Supreme Court's order granting Daniel R. Wotman Associates, PLLC's motion for summary judgment, which dismissed Janet Chang's counterclaim for legal malpractice, and denied Chang's cross-motion to amend her counterclaim. The court found that the Supreme Court properly exercised discretion in denying the amendment request, as it was made years after the original counterclaim was filed and after discovery had concluded. Chang did not provide a reasonable excuse for the delay and had all necessary facts to seek amendment earlier. Furthermore, the court upheld the dismissal of the counterclaim, determining that Chang's evidence did not show any negligence on the part of the plaintiff. The decision was entered on March 23, 2017.