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GUZMAN v. AMERICARE, INC.

Index No. 24877/18E. Appeal No. 16418. Case No. 2022-01314.

209 A.D.3d 489 (2022)

175 N.Y.S.3d 202

2022 NY Slip Op 05752

Laury Vasquez Guzman, Individually and on Behalf of All Other Persons Similarly Situated, Respondent, v. Americare, Inc., et al., Appellants, et al., Defendants.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York ( Kevin J. O'Connor of counsel), for appellants.

Law Office of William Coudert Rand, New York ( William C. Rand of counsel), for respondent.

Concur—Kapnick, J.P., Webber, González, Kennedy, JJ.

Order, Supreme Court, Bronx County (Leticia M. Ramirez, J.), entered on or about March 7, 2022, which denied defendants' motion for leave to amend their answer to the first amended class action complaint to include an affirmative defense asserting additional constitutional defenses, unanimously affirmed, without costs.

Defendants sought to add an affirmative defense asserting that the class, as defined, violated their due...

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