| 289 & 305 Assoc., LP v Loman |
| 2016 NY Slip Op 50192(U) [50 Misc 3d 141(A)] |
| Decided on February 22, 2016 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Maria Milin, J.), dated April 24, 2015, which granted respondent Richard Loman's motion to amend his answer to assert a nontraditional family member succession defense in a holdover summary proceeding.
Per Curiam.
Order (Maria Milin, J.), dated April 24, 2015, affirmed, with $10 costs.
Civil Court did not improvidently exercise its discretion by granting respondent Loman leave to amend his answer to assert a nontraditional family member succession defense (see 9 NYCRR 2520.6(o)(2)), where respondent's original answer contained a family member succession defense. In view of the lack of significant discovery, including the deposition of respondent, or other progress in the case, there was no prejudice to petitioner (see Antwerpse Diamantbank N.V. v Nissel, 27 AD3d 207 [2006]) and the amendment is not palpably insufficient or patently devoid of merit (see Favia v Harley Davidson Motor Co., Inc., 119 AD3d 836 [2014], quoting Maldonado v Newport Gardens, Inc., 91 AD3d 731 [2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.