HONUA FIFTH AVENUE LLC v. 400 FIFTH REALTY LLC

11185, 652237/10.

111 A.D.3d 579 (2013)

976 N.Y.S.2d 45

2013 NY Slip Op 7862

HONUA FIFTH AVENUE LLC, Appellant, v. 400 FIFTH REALTY LLC et al., Respondents.

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

Decided November 26, 2013.


Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 24, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion to amend the complaint to add claims of fraudulent inducement and aiding and abetting fraud, and applied a .18% interest rate rather than the statutory 9% rate in calculating the undertaking to be posted by defendant 400 Fifth Realty LLC to cancel the notice of pendency, unanimously affirmed, with costs.

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