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RIVERA v. NEW YORK CITY TRANSIT AUTH.

1693N, 303196/12.

141 A.D.3d 441 (2016)

33 N.Y.S.3d 900

SALVATORE RIVERA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided July 7, 2016.

Defendants failed to present evidence that plaintiff was incapable of prosecuting or defending his rights in this action either upon its commencement or at this time (see Roach v Benjamin, 78 A.D.3d 468 [1st Dept 2010]; Nova v Jerome Cluster 3, LLC, 46 A.D.3d 292, 292 [1st Dept 2007]).

The proposed amendment adding a defense of lack of capacity is palpably insufficient as a matter...

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