Darby Group Companies, Inc. v. Wulforst Acquisition, LLC

In an action to foreclose a mortgage, the defendants Wulforst Acquisition, LLC, Neil Regó, and George Heinlein appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated July 11, 2013, as granted that branch of the motion of the defendant People’s United Bank, successor by merger to the Bank of Smithtown, which was pursuant to CPLR 3211 (a) to dismiss their cross claim alleging fraud asserted against it, and denied their cross motion pursuant to CPLR 3025 (b) for leave to amend their answer to assert a cross claim alleging breach of…