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PRAND CORP. v. GARDINER

2016-09541, Index No. 15209/12.

176 A.D.3d 1127 (2019)

111 N.Y.S.3d 393

2019 NY Slip Op 07631

Prand Corp., Appellant, v. Olney M. Gardiner, Respondent. (And a Third-Party Action.).

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Hamburger, Maxson, Yaffee & McNally, LLP, Melville, NY ( Richard Hamburger of counsel), for appellant.

Ira Bierman , Jericho, NY, for respondent.

Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof granting those branches of the defendant's cross motion which were for leave to amend his answer to assert proposed first and fourth affirmative defenses and proposed second, third, and fourth counterclaims, and substituting therefor provisions denying those branches of the cross motion; as so modified, the order...

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