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STERLING NATIONAL BANK v. AMERICAN ELITE PROPERTIES INC.

6654, 101850/10, 6655

91 A.D.3d 581 (2012)

937 N.Y.S.2d 221

2012 NY Slip Op 649

STERLING NATIONAL BANK, Respondent, v. AMERICAN ELITE PROPERTIES INC., Doing Business as AMERICAN ELITE PROPERTIES, et al., Appellants, et al., Defendants.

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

Decided January 31, 2012.

Supreme Court providently exercised its discretion in denying that portion of the cross motion seeking leave to serve an amended answer, as the proposed amendment to add the affirmative defense of release lacked merit. The release upon which the amended pleading was premised did not pertain to the equipment at issue (see CPLR 3025[b]; 360 W. 11th LLC v ACG Credit Co. II, LLC, 90 A.D.3d 552 [1st Dept 2011]; Nab-Tern Constructors...

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