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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: August 22, 2015

Court Grants Motion to Amend Filed Shortly Before Note of Issue Date

On August 3, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Scher v. CMJ Holdings Corp., 2015 NY Slip Op. 31468(U), granting a motion to amend brought shortly before the Note of Issue was to be filed.

In Scher, the plaintiffs filed a motion to amend their complaint a second time, adding claims and a party, in an action that had been pending for two years and only a month a half before the Note of Issue date. Over the objections of some of the defendants, the court nonetheless granted the motion, explaining that there was no prejudice to the defendants because “[w]hile the requested amendment will require taking some additional discovery, the additional discovery is of limited scope, the delay was not undue, and the addition of new parties at this time was contemplated by the parties.”

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