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Similis Mngt LLC v. Dzganiya

Tenant Granted Leave to Amend Answer, Conduct Discovery for Overcharge Claim

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NumberedNotice of Motion and Affidavits Annexed 1,2-3Affirmation in Opposition 18,19Reply Affidavits/Affirmation 27Exhibits 5-17,21-26, 29Memorandum of Law           4, 20Affidavit/Affirmation/Acknowledgment of ServiceSur-Reply Affidavits/AffirmationDECISION/ORDER

*1  Based on the foregoing cited papers, the Decision/Order on this motion is as follows: Petitioner Similis Management LLC (“the Petitioner”) seeks recovery of the premises at 31 Bennett Ave., Apt. 4, New York, New York (“the premises”) from Respondent Nino Szganiya (“the Respondent”) for non-payment of rent. Respondent moves to amend the answer and for leave to conduct discovery. Petitioner opposes.Respondent seeks leave to amend her answer because between the court date of March 24, 2017 and in preparation for the trial date on May 16, 2017 Respondent first discovered that there was a rent overcharge that was previously unknown. Petitioner opposes the motion by stating that it lacks merit and is prejudicial. Permission to amend pleadings should be “freely given” CPLR 3025, subd [b]). The decision to allow or disallow the amendment is committed to the court’s discretion. (Murray v. City of New York, 43 NY2d 400, 404-405.) “Mere lateness is not a barrier to the amendment. It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine.” (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 3025:5, p 477.) (Edenwald Contr. Co. v. New York, 60 NY2d 957, 959

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