ATLAS MF MEZZANINE BORROWER, LLC v. MACQUARIE TEXAS LOAN HOLDER LLC

11258N, 651657/17.

181 A.D.3d 488 (2020)

121 N.Y.S.3d 246

2020 NY Slip Op 01709

Atlas MF Mezzanine Borrower, LLC, Appellant, v. Macquarie Texas Loan Holder LLC et al., Respondents.

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

Decided March 12, 2020.


The Supreme Court did not abuse its discretion in denying leave to amend the first amended complaint, particularly where plaintiff acknowledged that it could have sought, but strategically chose not to seek, leave sooner (CPLR 3025[b]; see e.g. MAIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d 499, 500 [1st Dept 2010]). The additional allegations against defendant Macquarie Texas Loan Holder LLC (Macquarie) supplement claims...

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