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VENTURA v. LUBMAN

Index No. 26268/18E. Appeal No. 559. Case No. 2022-04628.

217 A.D.3d 616 (2023)

2023 NY Slip Op 03444

Joel Ventura, Respondent, v. Aleksey Lubman, Appellant, and Michael Cautillo, Respondent, et al., Defendant.

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

Decided June 27, 2023.

Attorney(s) appearing for the Case

Malapero Prisco & Klauber LLP, New York ( Francis B. Mann, Jr. of counsel), for appellant.

Concur—Webber, J.P., Singh, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered July 28, 2022, which denied defendant Aleksey Lubman's motion to amend his answer to assert a Graves Amendment affirmative defense and for summary judgment dismissing the complaint as against him, unanimously modified, on the law, to grant Lubman's motion for leave to amend the answer, and otherwise affirmed, without costs.

While the court correctly denied Lubman's motion for summary judgment dismissing...

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