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CDR CRÉANCES S.A.S. v. COHEN

2555, 109565/03, 600448/06.

77 A.D.3d 489 (2010)

909 N.Y.S.2d 697

CDR CRÉANCES S.A.S., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. MAURICE COHEN et al., Appellants, et al., Defendants. CDR CRÉANCES S.A.S., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. LEON COHEN, Also Known as LEON LEVY and Others, et al., Appellants, et al., Defendants.

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

Decided October 19, 2010.

The motion court properly denied the Cohen defendants' motion to amend their answer to add various affirmative defenses after several years of litigation. Significant progress had been made in the cases and substantial discovery had been conducted, and the numerous proposed defenses would have necessitated no small measure of additional discovery (compare Antwerpse Diamantbank N.V. v Nissel, 27 A.D.3d 207 [2006]). In addition...

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