Appellate Division of the Supreme Court of the State of New York December 30, 2008 (Rosenblum v. Frankl)

*961The Supreme Court providently exercised its discretion in denying the defendants’ motion for leave to amend their answer to assert counterclaims to recover punitive damages, and granted the plaintiffs cross motion to strike the eighth affirmative defense asserting their entitlement to punitive damages (see Yong Wen Mo v Gee Ming Chan, 17 AD3d 356 [2005]; Schwegel v Chiaramonte, 4 AD3d 519,