Cantor Fitzgerald Inc. v. Cantor Fitzgerald, L.P.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered July 12, 2001, which denied counterclaim defendants’ motion to amend their reply to the counterclaims to assert an affirmative defense of payment, unanimously affirmed, with costs.

In this action by the former managing general partner against a limited partnership, in which the limited partnership counterclaims for funds allegedly misappropriated by plaintiff and its late principal, the motion court aptly reasoned that the proposed amendment was lacking in merit (see, Adams v Pfizer, Inc., 293 AD2d 291). The counterclaim…