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289 & 305 ASSOCIATES, LP, pet-land-app, v. RICHARD LOMAN, res-res, -and- “JOHN DOE” AND/OR “JANE DOE,” res

16-050. 289 & 305 ASSOCIATES, LP, pet-land-app, v. RICHARD LOMAN, res-res, -and- "JOHN DOE" AND/OR "JANE DOE," res — Order (Maria Milin, J.), dated April 24, 2015, affirmed, with $10 costs.

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16-050. 289 & 305 ASSOCIATES, LP, pet-land-app, v. RICHARD LOMAN, res-res, -and- “JOHN DOE” AND/OR “JANE DOE,” res — 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]).

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