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ROBB v. ROBB

Index No. 950000/19. Appeal No. 15902. Case No. 2022-00191.

205 A.D.3d 493 (2022)

165 N.Y.S.3d 838

2022 NY Slip Op 03089

Kathryn Robb, Respondent, v. George Robb, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Fullerton Beck, LLP, White Plains ( Edward J. Guardaro, Jr. , of counsel), for appellant.

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

In this action commenced under the Child Victims Act (CVA) (CPLR 214-g), Supreme Court properly denied defendant's motion to amend his answer to assert the affirmative defenses of infancy and mental disease or defect. Plaintiff demonstrated that an amendment to the answer at this stage of the litigation, after discovery was concluded, would unfairly prejudice her (see Lattanzio v Lattanzio, 55 A.D.3d 431, 432 [1st Dept 2008]).

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