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DRYDEN HOTEL ASSOCIATES, Appellant, v. GEORGIA O. GRIMBILAS, as Preliminary Executrix of NORAH MAROULIS, Deceased, and as Temporary Administratrix of the Estate of ROSE RABEY, Deceased, Respondent. (Action No. 1.) GEORGIA O. GRIMBILAS, as Preliminary Executrix of NORAH MAROULIS, Deceased, and as Temporary Administratrix of the Estate of ROSE RABEY, Deceased, Appellant,

Leave to amend the answer was properly granted ( see, Fahey v County of Ontario, 44 N.Y.2d 934), any prejudice claimed by plaintiff being a result of its failure to diligently prosecute the original matter in 1976 ( see, Maroulis v. 64th St.-Third Ave. Assocs., 163 A.D.2d 16; Hotel Prince George Affiliates v Maroulis, 62 N.Y.2d 1005). The separate action instituted in 1992 for an accounting of a partnership dissolved in 1975 was properly dismissed as barred by the six-year Statute of Limitations of CPLR 213.

Concur — Murphy, P.J., Milonas, Ross, Nardelli and Tom, JJ.

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DRYDEN HOTEL ASSOCIATES v. GRIMBILAS
(Apr 9, 1996)