SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
December 5, 2011
MILTA TORRES AS EXECUTRIX OF THE ESTATE OF JON DAVID SHERRY AND AS TRUSTEE OF THE SHERRY FAMILY TRUST,
Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.; op 26 Misc 3d 1231[A], 2010 NY Slip Op 50340[U]), entered February 24, 2010.
Rosen v Torres
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on December 5, 2011
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ
The order denied defendant's motion for leave to amend the answer to include the defense of usury, and, upon the granting of leave, for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, without costs.
For the reasons stated in Feldman v Torres (___ Misc 3d ___, 2011 NY Slip Op _______ [Appeal No. 2010-1311 K C], decided herewith), the order is affirmed.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: December 05, 2011
© 1992-2011 VersusLaw Inc.