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CIRILLO v. LANG

2020-00044, Index No. 1732/14.

206 A.D.3d 611 (2022)

169 N.Y.S.3d 651

2022 NY Slip Op 03493

Fran Cirillo, Respondent, v. Jennifer Lang, Appellant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Richard J. Kaufman, P.C. (Cartier, Bernstein, Auerbach & Steinberg, P.C., Patchogue, NY [Robert G. Steinberg], of counsel), for appellant.

Zabell & Collotta, P.C., Bohemia, NY (Saul D. Zabell and Ryan M. Eden of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the defendant's motion pursuant to CPLR 3025(b) for leave to amend her answer is granted.

In 2014, the plaintiff commenced this action, inter alia, to recover damages for breach of contract. The defendant served an answer that did not assert any affirmative defenses. Discovery proceeded and, in 2019, prior to the filing of...

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