| Torres v New York City Tr. Auth. |
| 2010 NY Slip Op 07822 [78 AD3d 419] |
| November 4, 2010 |
| Appellate Division, First Department |
| Blanca U. Torres et al., Respondents, v New York City TransitAuthority et al., Appellants. |
—[*1] Melucci, Celauro & Sklar, LLP, New York (Daniel Melucci of counsel), forrespondents.
Order, Supreme Court, New York County (Harold B. Beeler, J.), entered August 12, 2009,which granted plaintiff's motion for leave to amend her bill of particulars, unanimously affirmed, withoutcosts.
Although plaintiff waited until after the note of issue was filed to move to amend the bill ofparticulars, and failed to provide a reasonable excuse for the delay, we decline to hold that the motioncourt abused its discretion in granting the motion given the lack of prejudice to defendant and the factthat plaintiff's initial bill of particulars provided notice of the theory of decedent's accident that plaintiffseeks to add. Under these circumstances, mere delay is insufficient to defeat the amendment, especiallygiven that the delay was mitigated by the court's vacating of the note of issue and granting defendantadditional discovery in connection therewith (see Cherebin v Empress Ambulance Serv., Inc., 43 AD3d 364 [2007]).Concur—Tom, J.P., McGuire, Acosta, Renwick and Freedman, JJ.