Dryden Hotel Associates v. Grimbilas
Court: Appellate Division of the Supreme Court of the State of New York; April 9, 1996; New York; State Appellate Court
The Supreme Court of New York County, under Justice Walter Schackman, issued an order on August 8, 1994, granting the defendant's motion to amend their answer to include a counterclaim for an accounting in Action No. 1. This decision was unanimously affirmed without costs. Additionally, on September 21, 1994, the court granted defendant Dryden Hotel Associates' motion for summary judgment, dismissing the complaint in Action No. 2, which was also unanimously affirmed without costs. The court found that the leave to amend the answer was justified, referencing the case Fahey v County of Ontario, which supports the decision. The court noted that any prejudice claimed by the plaintiff was due to their own lack of diligence in prosecuting the original matter from 1976, as highlighted in Maroulis v 64th St.-Third Ave. Assocs. and Hotel Prince George Affiliates v Maroulis. Furthermore, the separate action initiated in 1992 for an accounting of a partnership that was dissolved in 1975 was dismissed as it was barred by the six-year Statute of Limitations under CPLR 213. The decision was concurred by Justices Murphy, Milonas, Ross, Nardelli, and Tom.