Opinion
January 15, 1991
Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).
By agreement dated December 30, 1983, the Fox Meadow Associates partnership was formed by plaintiff, which received a 10% interest, and defendants Grand-Perridine Development Corp. and National Lending Group, each of which received a 45% interest to construct homes on certain unimproved land in Nassau County. Subdivision approval was not obtained until June 1988, by which time the partnership had exhausted its funds. The partners, unable to agree on either a sale of partnership interest or the property, or the means to raise additional capital, defaulted on the mortgages.
Defendant National Lending Group joined in plaintiff's motion for summary judgment. Under these circumstances, the granting of plaintiff's motion for summary judgment dissolving the partnership was clearly proper pursuant to Partnership Law § 63 (1) (e), (f). There was no abuse of discretion in Supreme Court's rejection of defendants-appellants' cross motion for leave to amend their answer to assert claims of lack of consideration in plaintiff's acquisition of its partnership interest and fraudulent inducement of their execution of the partnership agreement five years earlier, where the evidentiary basis advanced for these claims was so obtuse and contradictory as to establish that the proposed amendment was palpably without merit. (Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166.)
Concur — Murphy, P.J., Milonas, Kupferman and Rubin, JJ.