Helene-Harrisson Corp. v. Moneyline Networks, Inc.

Appellate Division of the Supreme Court of New York

Helene-Harrisson Corp. v. Moneyline Networks, Inc.

6 A.D.3d 151, 773 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 3730

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 2004·Published·Cited by 4 cases

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered December 12, 2003, which, to the extent appealed from, denied defendant’s motion to amend its answer, unanimously affirmed, with costs.

Plaintiff landlord demands rent and other damages for the alleged breach of the parties’ lease agreement. The court properly exercised its discretion in denying defendant tenant’s belated motion to amend its answer to assert a defense that plaintiff had unreasonably withheld its consent to subletting the premises. Although permission to amend should ordinarily be freely granted (CPLR 3025 [b]), the movant must make some evidentiary showing that the proposed amendment has arguable merit (Morgan v Prospect Park Assoc. Holdings, 251 AD2d 306 [1998]). The record herein is devoid of evidence that defendant ever expressed interest in subletting the premises, let alone sought plaintiffs permission to do so. Concur—Mazzarelli, J.E, Andrias, Sullivan, Friedman and Marlow, JJ.

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Order, Supreme Court, New York County (Leland DeGrasse, J.), entered December 12, 2003, which, to the extent appealed from, denied defendant’s motion to amend its answer, unanimously affirmed, with costs.

Plaintiff landlord demands rent and other damages for the alleged breach of the parties’ lease agreement. The court properly exercised its discretion in denying defendant tenant’s belated motion to amend its answer to assert a defense that plaintiff had unreasonably withheld its consent to subletting the premises. Although permission to amend should ordinarily be freely granted (CPLR 3025 [b]), the movant must make some evidentiary showing that the proposed amendment has arguable merit (Morgan v Prospect Park Assoc. Holdings, 251 AD2d 306 [1998]). The record herein is devoid of evidence that defendant ever expressed interest in subletting the premises, let alone sought plaintiffs permission to do so. Concur—Mazzarelli, J.E, Andrias, Sullivan, Friedman and Marlow, JJ.

Helene-Harrisson Corp. v. Moneyline Networks, Inc., 6 A.D.3d 151, 773 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 3730 (N.Y. Ct. App. 2004).

Pincite

6 A.D.3d 151 (Helene-Harrisson Corp. v. Moneyline Networks, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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