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SUTTON MADISON, INC. v. 27 EAST 65TH STREET OWNERS CORP.

1737, 107183/08

68 A.D.3d 512 (2009)

2009 NY Slip Op 9161

889 N.Y.S.2d 901

SUTTON MADISON, INC., Appellant, v. 27 EAST 65TH STREET OWNERS CORP., Respondent.

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

Decided December 10, 2009.

Plaintiff's attempt to amend its complaint without leave of court failed to comply with CPLR 3025 (a) and in any event was without merit. Defendant agreed to allow access for adjustments to the HVAC unit and added plaintiff and the ground lessor as additional named insureds on its insurance policies. Thus, the declaratory relief plaintiff sought "[would] become effective only upon the occurrence of a future event that may or may...

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