LETTIERI v. ALLEN


59 A.D.3d 202 (2009)

873 N.Y.S.2d 39

ROBERT LETTIERI, Appellant, v. ANSWORTH ALLEN, M.D., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 10, 2009.


The motion court properly granted defendants leave to amend their answer to raise the affirmative defense of the statute of limitations (see CPLR 3025 [b]). Although the motion was made on the eve of trial and more than two years after defendants answered the complaint, given plaintiff's assertion that his intent from the inception of the action was to pursue a claim for battery, which is governed by a one-year statute of limitations (CPLR 215 [3]), he cannot reasonably...

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