OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. In the circumstances of this case, Supreme Court did not err or abuse its discretion by precluding defendant from asserting a CPLR article 16 defense.
Concur: Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON...
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