Bank of New York v. Irwin International Imports, Inc.

—Order, Supreme Court, New York County (Myriam Altman, J.), entered on or about May 13, 1993, which denied plaintiffs motion for summary judgment, transferred the underlying action to Civil Court pursuant to CPLR 325 (d), and denied, without prejudice to renewal in Civil Court, plaintiffs motion to amend the complaint to add another party defendant, unanimously modified, on the law, to restore the action to Supreme Court, New York County, and to deny the motion to amend without prejudice to renewal in the Supreme Court, and otherwise affirmed, without costs.

We agree with the IAS Court that an…