Appellate Division of the Supreme Court of the State of New York March 17, 2009 (Vista Properties v. Rockland Ear, Nose & Throat Associates)

In an action to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Rockland County (Garvey, J.), dated June 2, 2008, which denied its motion for leave to serve an amended complaint, and granted the cross motion of the defendant Rockland Ear, Nose & Throat Associates, EC., for summary judgment dismissing the complaint insofar as asserted against it.