SCG ARCHITECTS v. SMITH, BUSS & JACOBS, LLP

2010-04272, 2010-06178.

82 A.D.3d 953 (2011)

918 N.Y.S.2d 733

SCG ARCHITECTS et al., Respondents, v. SMITH, BUSS & JACOBS, LLP, Appellant.

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

Decided March 15, 2011.


Ordered that the order entered March 23, 2010, is affirmed; and it is further,

Ordered that the order entered June 9, 2010, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

The Supreme Court providently exercised its discretion in denying that branch of the defendant's motion which was for leave to amend its answer to assert the affirmative defense of res judicata, as the proposed...

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