Weksler v. Weksler
Opinion of the Court
Supreme Court’s denial of the motion and its directive that plaintiff may, if she chooses, commence a separate proceeding under Business Corporation Law § 1104-a in compliance with the applicable statutory requirements, was a provident exercise of discretion (see Matter of WTB Props., 291 AD2d 566, 567 [2002]). Defendants’ rights under the statutorily mandated timetable would have been unfairly prejudiced if the proposed amendment were permitted (Business Corporation Law § 1118). Contrary to plaintiffs argument, the motion court was not required to convert the eleventh cause of action into a separate proceeding under CPLR 103 (c) (cf. Matter of Nelkin v H. J. R. Realty Corp., 25 NY2d 543, 547 n 2 [1969]). Concur — Tom, J.P., Saxe, Catterson, Moskowitz and Acosta, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.