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Mawardi v. New York Prop. Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 758 (N.Y. App. Div. 1992)

Summary

determining Plaintiff-manufacturer's sole remedy was for breach of contract against the subcontractor and precluding equitable recovery against the owner or general contractor where they assumed none of the subcontractor's contractual obligations

Summary of this case from Morgan Stanley & Co. v. Peak Ridge Master SPC Ltd.

Opinion

May 11, 1992

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the order is affirmed, with costs.

The court's denial of the defendant's motion to amend its answer was not an improvident exercise of discretion. After five years of discovery the defendant moved, about one week prior to the scheduled trial date, for leave to amend its answer to add additional affirmative defenses. However, the information upon which the affirmative defenses are based was known to the defendant for over five years. Therefore, since the defendant failed to offer an acceptable excuse for its delay in seeking the amendment, and since the plaintiff would be prejudiced by the addition of these new defense theories on the eve of trial, where the plaintiff had prepared his case in response to the original answer, the defendant's motion was properly denied (see, Balport Constr. Co. v. New York Tel. Co., 134 A.D.2d 309; Fulford v. Baker Perkins, Inc., 100 A.D.2d 861). Thompson, J.P., Bracken, Sullivan and Santucci, JJ., concur.


Summaries of

Mawardi v. New York Prop. Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 758 (N.Y. App. Div. 1992)

determining Plaintiff-manufacturer's sole remedy was for breach of contract against the subcontractor and precluding equitable recovery against the owner or general contractor where they assumed none of the subcontractor's contractual obligations

Summary of this case from Morgan Stanley & Co. v. Peak Ridge Master SPC Ltd.

In Metropolitan Electric, the court dismissed the claim because the plaintiff manufacturer's "pleadings fail to allege, and there is nothing in the record to establish, that [the general contractor] or the owners were in privity of contract with [subcontractor], or that they, by their actions, assumed an obligation to pay for the goods ordered by [the subcontractor]."

Summary of this case from Greg Beeche Logistics, LLC v. Skanska U.S. Bldg., Inc.
Case details for

Mawardi v. New York Prop. Ins. Underwriting

Case Details

Full title:SONNY MAWARDI, Also Known as SOLOMON MAWARDI, Respondent, v. NEW YORK…

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

Date published: May 11, 1992

Citations

183 A.D.2d 758 (N.Y. App. Div. 1992)
583 N.Y.S.2d 497

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