Liese v. Hennessey, 2017–04068
| Court | New York Supreme Court Appellate Division |
| Citation | 83 N.Y.S.3d 618,164 A.D.3d 1318 |
| Docket Number | 2017–04068,Index No. 2499/14 |
| Parties | Jennifer LIESE, appellant, v. William HENNESSEY, et al., respondents. |
| Decision Date | 19 September 2018 |
164 A.D.3d 1318
83 N.Y.S.3d 618
Jennifer LIESE, appellant,
v.
William HENNESSEY, et al., respondents.
2017–04068
Index No. 2499/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—May 3, 2018
September 19, 2018
Sussman and Associates, Goshen, N.Y. (Jonathan R. Goldman and Michael H. Sussman of counsel), for appellant.
Penino & Moynihan, LLP, White Plains, N.Y. (Henry L. Liao of counsel), for respondents.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, BETSY BARROS, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Catherine M. Bartlett, J.), dated February 22, 2017. The order denied the plaintiff's motion, in effect, to vacate her default in complying with a conditional order of preclusion, and for leave to amend her bill of particulars.
ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion, in effect, to vacate her default in complying with the conditional order of preclusion, and for leave to amend her bill of particulars is granted.
The plaintiff commenced this action against the defendants, inter alia, to recover damages for personal injuries allegedly sustained by her due to exposure to toxic mold and fungi when she was a tenant residing in premises owned by the defendants. On March 31, 2015, counsel for the parties appeared for a compliance conference. During that conference, defense counsel requested additional authorizations to obtain the plaintiff's employment records from 2007 through the date of the conference, since the authorization which had been provided to obtain the plaintiff's employment records from the Newburgh School District (hereinafter the school district), her place of employment during her tenancy, demonstrated that the plaintiff had commenced working for the school district only three months before the alleged exposure to toxic mold and fungi. As a result, the Supreme Court issued a conditional order of...
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...should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit" ( Liese v. Hennessey, 164 A.D.3d 1318, 1319, 83 N.Y.S.3d 618 [internal quotation marks omitted]; see Lynch v. Baker, 138 A.D.3d 695, 697, 30 N.Y.S.3d 126 ). However, "[o]nce discover......
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