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W & S ASSOCS. v. ABSOLUTE GREEK

186 Misc.2d 170 (2000)

718 N.Y.S.2d 131

W & S ASSOCIATES, L.P., Plaintiff, v. ABSOLUTE GREEK, INC., Doing Business as ABSOLUTE GREEK, et al., Defendants, and SIMON PROPERTY GROUP, Counterclaim Defendant.

Supreme Court, Nassau County.

October 4, 2000.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P. C., Garden City (Robert A. Caruba of counsel), for plaintiff.

Mitchell & Incantalupo, Forest Hills, for defendants.

OPINION OF THE COURT

BRUCE D. ALPERT, J.

This motion by plaintiff and counterclaim defendant for leave to amend the former's response to counterclaims and the latter's answer by raising, as an affirmative defense, the contractual waiver of the defendants' right to assert counterclaims in proceedings of this nature and, upon such amendment, for the summary dismissal thereof, is determined as hereinafter set forth...

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