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C & J BROS., INC v. HUNTS POINT TERMINAL PRODUCE COOP. ASSN.

Index No. 302074/12. Appeal No. 15233. Case No. 2021-00770.

202 A.D.3d 432 (2022)

158 N.Y.S.3d 585

2022 NY Slip Op 00718

C and J Brothers, Inc., Appellant, v. Hunts Point Terminal Produce Cooperative Association, Inc., Respondent.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Barclay Damon LLP, New York ( Michael J. Case of counsel), for appellant.

Fleming Ruvoldt PLLC, New York ( Cathy Fleming of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

Plaintiff sought amendment after the statute of limitations had expired on its claim and failed to satisfy the requirements of CPLR 203(b) (see Buran v Coupal, 87 N.Y.2d 173, 177-178 [1995]). Additionally, plaintiff's motion to amend was properly denied because of plaintiff's protracted delay and lack of diligence in seeking leave to amend. Furthermore, amendment at this late stage would prejudice the proposed new defendant (see...

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