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MANUFACTURERS & TRADERS TRUST COMPANY v. RELIANCE INSURANCE COMPANY

8 A.D.3d 1000 (2004)

778 N.Y.S.2d 600

MANUFACTURERS & TRADERS TRUST COMPANY, Named in the Relevant Escrow Agreements as MANUFACTURER'S & TRADERS BANK, Plaintiff, v. RELIANCE INSURANCE COMPANY et al., Defendants, and O'BRIEN & GERE TECHNICAL SERVICES, INC., Appellant, and FRU-CON/FLUOR DANIEL JOINT VENTURE, Respondent.

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of O'Brien & Gere Technical Services, Inc. (defendant) seeking leave to amend its answer after its motion for summary judgment was denied, and after the cross motion of defendant Fru-Con/Fluor Daniel Joint Venture (Joint Venture) for summary judgment...

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