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BAJE REALTY CORP. v. CUTLER

8403N, 19205/90.

99 A.D.3d 640 (2012)

952 N.Y.S.2d 883

2012 NY Slip Op 7215

BAJE REALTY CORP., Appellant, v. ALICE CUTLER et al., Defendants/Third-Party Plaintiffs-Respondents. WALTER SAKOW et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

October 25, 2012.

The trial court's denial of the motion for leave to amend the 20-year-old complaint to allege for the first time that Walter Sakow was the true beneficial owner of the shares of Baje Realty and that Robert Bianco held them only as his nominee was based upon a fair interpretation of the evidence turning on explicit credibility determinations (see Hardwick v State of New York, 90 A.D.3d 540 [1st Dept 2011]). Evidence of Bianco's conduct...

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