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ESHAGHIAN v. ESHAGHIAN

8584N, 654481/15.

170 A.D.3d 416 (2019)

93 N.Y.S.3d 564

2019 NY Slip Op 01524

David Eshaghian, Appellant, v. Marokh Eshaghian et al., Respondents, et al., Defendant.

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

Decided March 5, 2019.

Plaintiff's proposed new claim arises from the same facts (indeed appears in the same agreement) that formed the basis of the prior claims and counterclaims. Thus, while defendants emphasize plaintiff's long delay in seeking to amend, they have not shown that they are surprised or prejudiced by the amendment (see Anoun v City of New York, 85 A.D.3d 694 [1st Dept 2011]).

On its face, the proposed amendment is not "palpably...

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