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NUSSBERG v. TATINTSIAN

6415N, 650741/09.

90 A.D.3d 563 (2011)

934 N.Y.S.2d 703

2011 NY Slip Op 9205

LEW NUSSBERG, Also Known as LEV NUSSBERG, Respondent, v. GARY TATINTSIAN, Also Known as GARRI TATINTSIAN, et al., Appellants.

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

Decided December 20, 2011.

Defendants' proposed counterclaims alleging that plaintiff knowingly sold forged artworks to defendants, resulting in lost profits and other damages, do not plainly lack merit (MBIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d 499, 500 [2010]). Further, plaintiff fails to show that the proposed amendments would result in prejudice to him that could have been avoided had defendants raised the counterclaims in their original answer...

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