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ALVAREZ v. CHARLES ST. OWNERS CORP.

Index No. 452276/21. Appeal No. 16544. Case No. 2022-01771.

209 A.D.3d 576 (2022)

176 N.Y.S.3d 60

2022 NY Slip Op 05944

Lilia Adriana Alvarez, Individually and as Executrix of the Estate of Benito Vieitez, Deceased, Appellant, v. Charles Street Owners Corp., Respondent, et al., Defendants.

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

DiGangi Law Firm, Richmond Hill ( Angelo A. DiGangi , of counsel) for appellant.

Kaufman Friedman Plotnicki & Grun, LLP, New York ( Stanley M. Kaufman , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kennedy, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered January 5, 2022, which, to the extent appealed from, granted defendant Charles Street Owners Corp.'s motion to amend its answer to add a counterclaim and two counterclaim defendants, unanimously affirmed, without costs.

The trial court providently exercised its discretion in permitting defendant to amend its answer to assert a counterclaim for ejectment in the absence of prejudice or surprise to plaintiff...

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