The court should have granted defendant's motion to amend its answer to add the four affirmative defenses of RPAPL 1951, adverse possession, mutual breach, and unclean hands, as leave to amend is freely given and plaintiff did not show that it would be prejudiced by the delay in asserting the defenses (CPLR 3025[b]; Edenwald Contr. Co. v City of New York,
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BOARD OF MGRS. OF THE PORTER HOUSE CONDOMINIUM v. DELSHAH 60 NINTH LLC
Index No. 157034/18, 595236/20, Appeal No. 16088, Case No. 2022-00690.
206 A.D.3d 423 (2022)
167 N.Y.S.3d 781
2022 NY Slip Op 03680
Board of Managers of the Porter House Condominium, Respondent, v. Delshah 60 Ninth LLC, Appellant. (And a Third-Party Action.).
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 7, 2022.
Decided June 7, 2022.
Attorney(s) appearing for the Case
Woods Oviatt Gilman LLP, Buffalo (William F. Savino of counsel), for appellant.
Schwartz Sladkus Reich Greenberg Atlas, LLP, New York (Allyson P. Stavis of counsel), for respondent.
Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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