WOODWARD v. LEVINE

10732, 655709/16.

179 A.D.3d 429 (2020)

117 N.Y.S.3d 193

2020 NY Slip Op 00068

John Woodward et al., Appellants, v. Nira Levine et al., Respondents.

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

Decided January 7, 2020.


The parties' so-ordered stipulation of January 30, 2018, where plaintiffs agreed that defendants' motion to amend the answer to assert counterclaims was granted, bars their challenge to defendants' assertion of the counterclaims now. The stipulation was not simply an agreement to accept service or to set a deadline for reply, but one that plainly allowed defendants to amend the answer to include counterclaims.

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