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DOLCIMASCOLO v. 701 7TH PROP. OWNER, LLC

Index No. 156779/18E. Appeal No. 15865. Case No. 2021-03341.

205 A.D.3d 412 (2022)

168 N.Y.S.3d 34

2022 NY Slip Op 02944

Michael Dolcimascolo, Appellant, v. 701 7th Property Owner, LLC, et al., Respondents.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale (Annette G. Hasapidis of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York (Nicholas P. Hurzeler of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

The court providently exercised its discretion in granting leave to amend the answer (see CPLR 3025[b]; Kimso Apts., LLC v Gandhi, 24 N.Y.3d 403, 411 [2014]). Contrary to plaintiff's contention, CPLR 3211(e) does not bar amendment to the answer to assert a defense of release (see generally GMAC Mtge., LLC v Coombs, 191 A.D.3d 37, 42 [2d Dept 2020]; Armstrong v Peat, Marwick, Mitchell & Co.,

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