CDC Nassau Associates v. Fatoullah

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 24, 1991, which granted plaintiff Mark Scharfman’s motion to amend the complaint only to the extent of adding MS Nassau Realty Associates as a party plaintiff, and otherwise denied the motion as to the proposed second, third and fourth causes of action, unanimously modified, on the law and the facts, to grant the motion as to the proposed third and fourth causes of action, and otherwise affirmed, without costs.

We agree with the IAS court that the parties to the Settlement Agreement did not intend to benefit MS…