Summary
concluding that trial court did not abuse its discretion in denying motion to amend on eve of trial three years after complaint filed
Summary of this case from Toral v. DeJesusOpinion
Argued May 28, 1996 —
Decided June 24, 1996.
Appeals from the Superior Court of New Jersey, Law Division, Essex County.
Before Judges HAVEY, D'ANNUNZIO and BRAITHWAITE.
Peter W. Till argued the cause for appellant Globe Motor Car Co. ( Anthony J. Fusco, Jr., attorney). Dennis T. Kearney argued the cause for respondent First Fidelity Bank, N.A. ( Pitney, Hardin, Kipp Szuch, attorneys; Mr. Kearney and Loryn P. Riggiola, on the brief).
Robert J. Kelly argued the cause for respondent Equifax Services, Inc. ( McElroy, Deutsch Mulvaney, attorneys; Mr. Kelly and Robert J. McGuire, on the brief).
In this lender-liability action by an automobile dealership against its creditor-bank and the bank's agent, plaintiff appeals from a summary judgment in favor of First Fidelity Bank and Equifax. The trial court's opinion is published at 273 N.J. Super. 388, 641 A.2d 1136 (Law Div. 1993).
We now affirm the summary judgment substantially for the reasons expressed by the trial court in section I of its opinion. Section II of the opinion addresses the substance of plaintiff's claim against the bank for paying forged or altered checks. That section of the opinion is dictum because those claims were not properly before the trial court. The trial court had denied plaintiff's motion to amend its complaint to assert a cause of action based on the bank's payment of forged instruments. We affirm the order denying plaintiff leave to amend, as we perceive no mistaken exercise of discretion in that regard. See Fisher v. Yates, 270 N.J. Super. 458 , 467, 637 A.2d 546 (App.Div. 199 4); DuWel Products, Inc. v. United States Fire Ins. Co., 236 N.J. Super. 349, 364, 565 A.2d 1113 (App.Div. 1989), certif. denied, 121 N.J. 617, 583 A.2d 316 (1990). Plaintiffs motion was made on the eve of trial and almost three years after the complaint was filed.
Affirmed.