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AMIN v. McGUIRE

43 A.D.2d 578 (1973)

Michael R. Amin, Respondent, v. James R. McGuire, Appellant

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

November 19, 1973

Order of the Appellate Term dated May 22, 1973 reversed, without costs, order of said court dated March 12, 1973 reinstated, and motion for reargument denied.

In our opinion the five-month delay occasioned by defendant's failure to plead his proposed affirmative defense in his original answer does not constitute a sufficient basis to deny the relief sought, in view of the fact that no significant prejudice resulting from...

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