Santander Bank, N.A. v NY Business Holdings Inc.

Holding The Appellate Division affirmed the grant of summary judgment for breach of lease and guaranty, finding the plaintiff established its prima facie entitlement and the defendants failed to raise triable issues of fact. The court also affirmed the denial of leave to amend the answer to assert a forgery defense, deeming the proposed amendment patently devoid of merit given the defendants’ payment history.

The court’s words

the proposed amendment, which sought leave to add an affirmative defense sounding in forgery, was patently devoid of merit

2026 NY Slip Op 05750, at the official text

they did not deny making payments under the agreement for nearly a year, and the proposed defense offered no allegations explaining why defendants made those payments if no equipment was received

2026 NY Slip Op 05750, at the official text

defendants also did not explain why, if the agreement and guaranty were forged, further payments were made in May and July 2018

2026 NY Slip Op 05750, at the official text