Wadsworth Ave. Assoc. v Maynard

Wadsworth Ave. Assoc. v Maynard 2012 NY Slip Op 00046 Decided on January 5, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 5, 2012
Saxe, J.P., Sweeny, Moskowitz, Manzanet-Daniels, Román, JJ.
6493N 601740/03

[*1]Wadsworth Avenue Associates, Plaintiff-Appellant,

v

Kenneth L. Maynard, Defendant-Respondent.




Robert H. Haggerty, New York, for appellant.
Kennedy Berg LLP, New York (James W. Kennedy of counsel),
for respondent.

Order, Supreme Court, New York County (Paul Wooten, J.), entered October 15, 2010, which, inter alia, denied the motion of Robert H. Haggerty, who was a limited partner of purported plaintiff, for leave to amend the complaint, unanimously affirmed with costs.

Haggerty, nominally not a party but effectively acting as a party, commenced several actions against defendant, the general partner of plaintiff Wadsworth Avenue Associates, one of which sought, among other things, an accounting and repayment of partnership funds allegedly converted or stolen by defendant. The action was dismissed by a final judgment entered May 23, 2005. Haggerty improperly appealed from the interlocutory order dismissing the complaint and not from the subsequently entered
final judgment, and his appeal was dismissed (23 AD3d 302 [2005]). He is now seeking leave to amend the complaint in that action. The motion court correctly concluded that Haggerty has no right to seek leave to amend a complaint in an action that has
been finally dismissed.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 5, 2012

CLERK