Helene-Harrisson Corp. v. Moneyline Networks, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered December 12, 2003, which, to the extent appealed from, denied defendant’s motion to amend its answer, unanimously affirmed, with costs.
Plaintiff landlord demands rent and other damages for the alleged breach of the parties’ lease agreement. The court properly exercised its discretion in denying defendant tenant’s belated motion to amend its answer to assert a defense that plaintiff had unreasonably withheld its consent to subletting the premises. Although permission to amend should ordinarily be freely granted (CPLR 3025…
2Cases cited1 opinion
- Morgan v. Prospect Park Associates Holdings, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
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- Milkis v. Condominium Lloyd 54 CondominiumAppellate Terms of the Supreme Court of New York · 2009