Nussberg v Tatintsian, 2011 NY Slip Op 09205 [90 AD3d 563]

Dcmbr 20, 2011

Appellate Division, First Department

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Clarick Gueron Reisbaum LLP, New York (Gregory A. Clarick of counsel), for appellants.

Meier Franzino & Scher, LLP, New York (Frank J. Franzino, Jr., of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 12, 2011, which, insofar as appealed from as limited by the briefs, denied defendants’ motion to amend their answer, unanimously reversed, on the law, with costs, and the motion granted.

Defendants’ proposed counterclaims alleging that plaintiff knowingly sold forged artworks to defendants, resulting in lost profits and other damages, do not plainly lack merit ( MBIA Ins. Corp. v Greystone & Co., Inc. , 74 AD3d 499 , 500 [2010]). Further, plaintiff fails to show that the proposed amendments would result in prejudice to him that could have been avoided had defendants raised the counterclaims in their original answer ( see Murray v City of New York , 51 AD3d 502 , 503 [2008], lv denied 11 NY3d 703 [2008]). Concur—Saxe, J.P., Catterson, Moskowitz, Acosta and Renwick, JJ..