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RODRIGUEZ v. EXTELL W. 57TH ST. LLC

300786/14. Appeal No. 12156N. Case No. 2020-01945.

187 A.D.3d 618 (2020)

131 N.Y.S.3d 125

2020 NY Slip Op 06034

Tommy Rodriguez, Respondent, v. Extell West 57th Street LLC et al., Appellants.

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

Decided October 22, 2020.

Plaintiff failed to demonstrate that he would be prejudiced if defendants were permitted to amend the answer (see McGhee v Odell, 96 A.D.3d 449, 450 [1st Dept 2012]). Plaintiff's contention that he would have to alter his trial strategy to account for the Workers' Compensation Board determination of which he has been aware for years is insufficient (see Jacobson v McNeil Consumer & Specialty Pharms., 68...

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