Legal Opinion

Aurora Loan Services, LLC v. Dimura

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 2013Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Michael Dimura and Jacqueline Dimura appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Ecker, J.), dated March 15, 2012, as granted that branch of the plaintiff’s motion which was pursuant to CPLR 3025 (b) for leave to amend its reply to their counterclaims to add an affirmative defense based on the statute of limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Leave to amend a pleading should be freely given (see CPLR 3025 [b]), provided that the amendment is…

2Cases cited8 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Ingrami v. RovnerAppellate Division of the Supreme Court of the State of New York · 2007
  3. U.S. Bank, National Ass'n v. SharifAppellate Division of the Supreme Court of the State of New York · 2011
  4. Gitlin v. ChirinkinAppellate Division of the Supreme Court of the State of New York · 2009
  5. Public Administrator of Kings County v. Hossain Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006

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