Clarkin v. Staten Island University Hospital
Court: Appellate Division of the Supreme Court of the State of New York; September 15, 1997; New York; State Appellate Court
In a personal injury case stemming from medical malpractice, the defendant appealed a Supreme Court order from Richmond County that denied its request to amend its answer to include an affirmative defense of culpable conduct by the plaintiff, Donald Clarkin. The appellate court affirmed the lower court's decision, emphasizing that while amendments to pleadings are typically encouraged, discretion is warranted when a case is ready for trial. The defendant's motion to amend was filed two years after the note of issue and certificate of readiness, and the facts supporting the proposed amendment had been known for four years since the action’s commencement. Additionally, the defendant did not provide a reasonable justification for the delay in seeking the amendment. The ruling was supported by precedents that advocate for caution in allowing late amendments. The justices—Rosenblatt, Copertino, Pizzuto, Krausman, and Florio—concurred with the decision.