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SHIELDS v. DARPOH

2019-14482. Index No. 519170/17.

207 A.D.3d 586 (2022)

169 N.Y.S.3d 850

2022 NY Slip Op 04573

Ray Shields et al., Appellants, v. Kenneth Darpoh et al., Respondents.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Grant & Longworth, LLP, Dobbs Ferry, NY ( Kenneth J. Gorman of counsel), for appellants.

Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP, Kew Gardens, NY ( Matthew J. Routh of counsel), for respondents.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action in October 2017, seeking, inter alia, specific performance of an alleged oral joint venture agreement. The defendants filed an answer with counterclaims dated October 24, 2017. In April 2019, the defendants moved, among other things, for leave to amend their answer to assert the affirmative defense of the statute of

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