| McGowan v RPC Realty Corp. |
| 2007 NY Slip Op 10116 [46 AD3d 771] |
| December 18, 2007 |
| Appellate Division, Second Department |
| Eugene McGowan et al., Appellants, v RPC RealtyCorporation et al., Respondents. |
—[*1] Jeffrey Samel & Partners, New York, N.Y. (David Samel of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Kings County (Hurkin-Torres, J.), dated April 28, 2006, which deniedtheir motion for leave to amend their bill of particulars to include a claim for lost earnings.
Ordered that the order is affirmed, with costs.
"This Court has consistently maintained that 'while leave to amend a pleading shall be freelygranted (see CPLR 3025 [b]), a motion to amend is committed to the broad discretion ofthe trial court . . . and the resulting determination 'will not lightly be set aside' "(F.G.L. Knitting Mills v 1087 Flushing Prop., 191 AD2d 533, quoting Citrin v RoyalIns. Co., 172 AD2d 795 [citations omitted]).
Here, the plaintiffs moved for leave to amend their bill of particulars to include a claim forlost earnings after the note of issue was filed and while the case was on the trial calendar. TheSupreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion,particularly since they failed to provide a reasonable excuse for the delay in making the motion(see Volpe v Good Samaritan Hosp., 213 AD2d 398 [1995]). Spolzino, J.P., Krausman,Angiolillo and McCarthy, JJ., concur.