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GREENES v. VIJAX FUEL CORP.

No. 02 Civ. 0450(PKC).

326 F.Supp.2d 464 (2004)

Robert GREENES, Justin McCarthy, Lawrence Scuder, Bernard Pellegrino and Demos Demopoulos, as Trustees and Fiduciaries of the Local 553 Pension, Benefits and Deferred Compensation Trust Funds, Plaintiffs, v. VIJAX FUEL CORP. and Consumers, Energy Group, Inc., Local 955, Uswa, Tcu, Defendants.

United States District Court, S.D. New York.

June 9, 2004.

Attorney(s) appearing for the Case

William K. Wolf, Friedman, Wolf & Grisi, New York City, for Plaintiffs.

Keith Jason Gutstein, Kaufman Schneider & Bianco, LLP, Jericho, NY, for Defendants.

MEMORANDUM AND ORDER

CASTEL, District Judge.

Defendants move to amend their answer pursuant to Rule 15(a), seeking leave to add a ninth affirmative defense that theoretically would provide a damages set-off. For the reasons explained below, defendants' motion to amend is denied.

The Complaint in this action was filed on January 18, 2002. Plaintiffs are trustees of the pension, benefits, and deferred compensation funds (the "Funds") of Local...

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