CHARLES v. WILLIAM PENN LIFE INS. CO.

154111/15-2382.

162 A.D.3d 490 (2018)

75 N.Y.S.3d 36

2018 NY Slip Op 04295

Teddy Charles, Appellant, v. William Penn Life Insurance Company of New York, Respondent.

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

Decided June 12, 2018.


The motion court providently exercised its discretion in granting leave to amend the answer to assert a second and third affirmative defense (see CPLR 3025 [b]). The delay in seeking the amendment was short and there is no indication of any significant trouble or expense that could have been avoided had defendant asserted the proposed defenses earlier, as discovery has been limited (see Powe v City of Albany,

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