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DEUTSCHE BANK NATIONAL TRUST COMPANY v. YOUNGELMAN

2010-05983.

83 A.D.3d 650 (2011)

919 N.Y.S.2d 893

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. ADAM YOUNGELMAN, Appellant, et al., Defendant.

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

Decided April 5, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court properly denied that branch of the appellant's cross motion which was for leave to serve and file an amended answer to assert defenses, counterclaims, and cross claims (cf. Trataros Constr., Inc. v New York City School Constr. Auth., 46 A.D.3d 874, 874-875 [2007]).

The appellant's remaining...

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