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ARIAS-PAULINO v. ACADEMY BUS TOURS, INC.

48 A.D.3d 350 (2008)

851 N.Y.S.2d 534

BERNARDA ARIAS-PAULINO et al., Appellants, v. ACADEMY BUS TOURS, INC., et al., Respondents.

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

Decided February 26, 2008.

It is undisputed that defendant Academy Bus Tours, Inc. received the release in July 2002 and did not move to amend its answer until approximately 2½ years later, in 2005, during which time plaintiffs not only litigated the matter extensively but also prepared for and participated in a mediation. Defendants' motion to amend their answer should have been denied upon the ground of laches (see Noy v 765 9th Ave. Corp.,...

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