In Alpert v. Shea Gould Climenko & Casey, 160 A.D.2d 67, 559 N.Y.S.2d 312 (1st Dept. 1990), the Court concluded that the original complaint did not sufficiently give notice of the facts regarding the amendment and cause of action. As such, the Court concluded that, the absence of notice did not enable the defendant to prepare a defense. Id. The Court deemed that plaintiff's three year delay in seeking to amend its pleadings was inexcusable. Id.