2001 COMMERCE STREET CORP. v. STAR ENTERPRISE


306 A.D.2d 463 (2003)

761 N.Y.S.2d 493

2001 COMMERCE STREET CORP., Appellant, v. STAR ENTERPRISE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 23, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to amend the complaint to include a cause of action to recover damages for fraud, as it was time-barred (see CPLR 203 [f], [g]; 213 [8]; Prestandrea v Stein, 262 A.D.2d 621 [1999]).

The plaintiff's remaining contentions...

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