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KIPNIS v. KIPNIS

8 A.D.3d 94 (2004)

778 N.Y.S.2d 153

CLAIRE VAN KIPNIS, Appellant, v. GREGORY VAN KIPNIS, Respondent.

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

June 10, 2004.

Plaintiff did not, in opposing defendant's motion to amend his answer to add an affirmative defense premised upon an alleged 1965 prenuptial agreement entered into in France, make the requisite showing that the proposed amendment would cause her to sustain prejudice or unfair surprise (see Valdes v Marbrose Realty, 289 A.D.2d 28 [2001]). While the amendment may necessitate some additional discovery, this concern was addressed by...

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