DICKSON v. CITY OF NEW YORK


43 A.D.3d 809 (2007)

842 N.Y.S.2d 27

JOHN DICKSON et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and DOLLAR RENTAL CAR SYSTEMS, INC., et al., Respondents.

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

Decided September 27, 2007.


It was not an improvident exercise of the motion court's discretion to permit defendants to amend their answer (see generally Peach Parking Corp. v 346 W. 40th St., LLC, 42 A.D.3d 82, 86 [2007]) by adding the defense of accord and satisfaction.

Although defendants made a prima facie case, plaintiffs raised a triable issue of fact in their opposition to defendants' summary judgment motion; hence, the motion should have been...

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