Menne Nursery Corp. v. Rebco Steel Corp.

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff brought a motion pursuant to CPLR 3025 (subd [b]) for leave to serve an amended complaint, adding two additional party defendants and including causes of action based upon unjust enrichment, account stated and fraud. The motion was made following discovery proceedings which apprised plaintiff for the first time as to the true owners of certain real property where plaintiff had performed landscaping services that had gone unpaid and were the subject of plaintiff’s…