Opinion
2010-1073 K C
12-05-2011
Tovah Rosen, Respondent, v. Milta Torres as Executrix of the Estate of JON DAVID SHERRY and as Trustee of THE SHERRY FAMILY TRUST, Appellant.
PRESENT: : , P.J., WESTON and STEINHARDT, JJ
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. 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.