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FICORILLI v. THOMSEN

262 A.D.2d 602 (1999)

692 N.Y.S.2d 673

GLENN FICORILLI et al., Appellants, v. PETER THOMSEN, Respondent.

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

Decided June 28, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in permitting the defendant to amend his answer to assert the affirmative defense of medical emergency, as the defense was meritorious and the plaintiffs failed to establish prejudice or surprise (see, CPLR 3025 [b]; McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 N.Y.2d 755; Fahey...

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