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KAPITUS SERVICING, INC. v. MS HEALTH, INC.

Index No. 650548/20. Appeal No. 215. Case No. 2022-01610.

216 A.D.3d 459 (2023)

189 N.Y.S.3d 172

2023 NY Slip Op 02460

Kapitus Servicing, Inc., Formerly Known as Colonial Funding Network, Inc., Appellant, v. MS Health, Inc., Doing Business as MS Health, et al., Defendants, and Shaun Passley, Also Known as Shaun A. Passley, Respondent.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

Kapitus Servicing, Inc., New York ( Kristyn Nicola Harrison of counsel), for appellant.

Robert B. Harmon , New York, for respondent.

Concur—Webber, J.P., Kern, Friedman, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered March 3, 2022, which, to the extent appealed from as limited by the briefs, granted defendant Shaun Passley's motion to amend his first amended answer to add the affirmative defenses of release and waiver and, based on the affirmative defenses, dismissed the action as against him, unanimously reversed, on the law, with costs, the motion denied, and the complaint reinstated as against Passley.

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