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METRO FOUNDATION CONTRACTORS, INC. v. MARCO MARTELLI ASSOC., INC.

600520/09, 2453, 2452.

145 A.D.3d 526 (2016)

2016 NY Slip Op 08329

43 N.Y.S.3d 44

METRO FOUNDATION CONTRACTORS, INC., Appellant, v. MARCO MARTELLI ASSOCIATES, INC., Respondent.

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

Decided December 13, 2016.

The court properly granted defendant leave to amend its answer to assert the defenses of collateral estoppel and res judicata since plaintiff failed to show that it was prejudiced by the amendment of the answer to assert legal theories not requiring additional discovery or trial preparation (see Briarpatch Ltd., L.P. v Briarpatch Film Corp., 60 A.D.3d 585, 585 [1st Dept 2009]; CPLR 3025[b]).

The court correctly dismissed...

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