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WIN PROPS., INC. v. FEDER'S AUTO SALES & SERV., INC.

245 A.D.2d 444 (1997)

666 N.Y.S.2d 470

Win Properties, Inc., et al., Respondents, v. Feder's Auto Sales & Service, Inc., et al., Appellants, et al., Defendants

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

December 15, 1997

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The court properly denied the appellants' motion, made during trial, to amend their answer so as to assert the affirmative defense of constructive eviction, as their belated assertion of that defense was prejudicial to the plaintiffs (see, Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23).

The appellants...

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