Blinds To Go (US), Inc. v Times Plaza Dev., L.P.
2013 NY Slip Op 07704 [111 AD3d 776]
November 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Blinds To Go (US), Inc., Respondent,
v
Times Plaza Development, L.P., Appellant.

—[*1] Kenneth J. Glassman, New York, N.Y., for appellant.

Westerman Ball Ederer Miller & Sharfstein, LLP, Uniondale, N.Y. (Richard Gabriele of counsel), for respondent.

In an action to recover damages for breach of a lease, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated November 28, 2012, which denied its motion for leave to amend its answer.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court properly denied its motion for leave to amend its answer to assert additional affirmative defenses and counterclaims, as they were either palpably insufficient or patently devoid of merit (see T & V Constr., Inc. v Calapai, 90 AD3d 908, 909 [2011]; G.K. Alan Assoc., Inc. v Lazzari, 44 AD3d 95, 99 [2007], affd 10 NY3d 941 [2008]). Rivera, J.P., Skelos, Chambers and Hall, JJ., concur.