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ESPINOZA v. A S K STD. TR. CORP.

Index No. 655685/21, Appeal No. 2110, Case No. 2023-04203.

2024 NY Slip Op 02144

AFONSO VARGAS ESPINOZA, Plaintiff-Respondent, v. A S K STANDARD TRANSIT CORP., DOING BUSINESS AS BIKE RENTAL CENTRAL PARK ETC., Defendant-Appellant, ATTRACTION PASS INC., DOING BUSINESS AS TOPVIEW SIGHTSEEING ETC., ET AL., Defendants.

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

Decided April 23, 2024.

Attorney(s) appearing for the Case

Barton, LLP, New York ( Maurice N. Ross of counsel), for appellant.

Hang & Associates, PLLC, Flushing ( Yongjin Bae of counsel) for respondent.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered July 20, 2023, which denied defendant A S K Standard Transit Corp.'s motions to compel discovery, for leave to amend the answer, and to strike the note of issue, unanimously affirmed, with costs.

The motion court providently exercised its discretion in denying the motion to amend, as defendant's counterclaims for fraud, breach of contract, breach of the duties of good faith and loyalty, and abuse...

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