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McELROY v. BERNSTEIN

2009-04020

72 A.D.3d 757 (2010)

898 N.Y.S.2d 853

THOMAS M. McELROY, Appellant, v. GAIL BERNSTEIN et al., Respondents.

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

Decided April 13, 2010.

Ordered that the order is affirmed, with costs.

Inasmuch as we are affirming the Supreme Court's order awarding summary judgment to the defendants in this action (see McElroy v Bernstein, 72 A.D.3d 757 [2010] [decided herewith]), we find that the Supreme Court properly denied, as academic, the plaintiff's motion for leave to serve an amended complaint adding his wife as a plaintiff asserting derivative claims (see...

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