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MOYSE v. WAGNER

2008-10706.

66 A.D.3d 976 (2009)

888 N.Y.S.2d 148

2009 NY Slip Op 7808

PATRICK MOYSE, Plaintiff, v. JACOB WAGNER, Appellant, and PORITZ AND ASSOCIATES, LLC, et al., Respondents, et al., Defendant.

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

Decided October 27, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the defendant Jacob Wagner, the Supreme Court properly denied his motion for leave to amend his answer to assert a cross claim for indemnification against the defendants Poritz and Associates, LLC, and Alan Poritz (hereinafter together the Poritz defendants). Leave to amend a pleading "shall be freely given upon such terms as may be just" (CPLR 3025 [b]; see Edenwald...

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