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Leibowitz v. Plaza 400 Owners' Corp.
Citations: 226 A.D.2d 681; 641 N.Y.S.2d 718; 1996 N.Y. App. Div. LEXIS 4607
Court: Appellate Division of the Supreme Court of the State of New York; April 29, 1996; New York; State Appellate Court
In a legal action aimed at recovering damages for property damage, the plaintiff appeals two orders from the Supreme Court, Kings County, both dated April 20, 1995. The plaintiff challenges the denial of his motion to amend the complaint to increase punitive damages and to add a claim for breach of fiduciary duty. The appellate court affirms the orders, citing that the trial court has broad discretion regarding amendments to pleadings, and such decisions are not easily overturned. The court finds that the proposed amendment for punitive damages lacked merit and that the plaintiff did not provide a reasonable excuse for a nearly seven-year delay in seeking to add claims based on new legal theories related to prior transactions. Consequently, the appellate court upholds the trial court's decisions, with costs awarded to the prevailing party.