Baje Realty Corp. v. Cutler

The trial court’s denial of the motion for leave to amend the 20-year-old complaint to allege for the first time that Walter Sakow was the true beneficial owner of the shares of Baje Realty and that Robert Bianco held them only as his nominee was based upon a fair interpretation of the evidence turning on explicit credibility determinations (see Hardwick v State of New York, 90 AD3d 540 [1st Dept 2011]). Evidence of Bianco’s conduct and other evidence inconsistent with his claim of ownership do not compel a different finding (compare Phillips v Katzman, 90 AD3d 436 [1st Dept 2011]).

Even if…