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WHITE v. ROYAL PRUDENTIAL INDUS., INC.

224 A.D.2d 682 (1996)

639 N.Y.S.2d 55

Deborah White et al., Respondents, v. Royal Prudential Industries, Inc., Defendant, and Alexander's, Inc., Appellant

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

February 26, 1996

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, the motion is granted, and the proposed amended answer with cross claim is deemed served.

Since the affirmative defenses sought to be included in the amended answer are meritorious and the plaintiffs failed to establish that they would suffer any prejudice or surprise if the appellant's motion to serve an amended answer were...

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