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POLOW v. QUIROS

128 A.D.2d 763 (1987)

Ian L. Polow, Appellant, v. Louis Quiros, Respondent

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

March 23, 1987

Ordered that the order is affirmed insofar as appealed from with costs.

Based on the facts of this case, Special Term did not abuse its discretion in granting the defendant leave to amend his answer to assert the affirmative defense of bankruptcy. This defense was not available to the defendant at the time the original answer was served and it does not appear from the record that the plaintiff will be unduly prejudiced by...

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