BCRE 230 RIVERSIDE LLC v. FUCHS


59 A.D.3d 282 (2009)

874 N.Y.S.2d 34

BCRE 230 RIVERSIDE LLC, Respondent, v. ERICH FUCHS, Appellant.

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

Decided February 19, 2009.


Defendant's proposed amplified counterclaim for defamation and new counterclaims for injurious falsehood and malicious prosecution were "palpably insufficient as a matter of law" (Davis & Davis v Morson, 286 A.D.2d 584, 585 [2001]). The court thus properly denied defendant's motion for leave to amend.

The counterclaim for defamation, in both its original and amplified form,...

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