AMERICAN SCIENTIFIC LIGHTING CORP. v. HAMILTON PLAZA ASSOC.

2015-00549, Index No. 5674/08.

144 A.D.3d 614 (2016)

2016 NY Slip Op 07152

40 N.Y.S.3d 485

AMERICAN SCIENTIFIC LIGHTING CORP., Respondent, v. HAMILTON PLAZA ASSOCIATES et al., Appellants. (And a Third-Party Action.)

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

Decided November 2, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendants' motion for leave to amend their answer to assert the affirmative defense of waiver of subrogation, and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

The plaintiff was a tenant of the defendant Hamilton Plaza Associates (hereinafter Hamilton) pursuant to a commercial...

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