| Arias-Paulino v Academy Bus Tours, Inc. |
| 2008 NY Slip Op 01637 [48 AD3d 350] |
| February 26, 2008 |
| Appellate Division, First Department |
| Bernarda Arias-Paulino et al., Appellants, v Academy BusTours, Inc., et al., Respondents. |
—[*1] Maloof, Lebowitz, Connahan & Oleske, P.A., New York City (Jerald F. Oleske of counsel),for respondents.
Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered December 22, 2006,which, to the extent appealed from as limited by the briefs, granted defendants' motion to renewand reargue a prior motion to amend their answer to include the affirmative defenses of releaseand accord and satisfaction and, upon reargument, granted the prior motion and dismissed allplaintiffs' claims up to $1,000,000, unanimously reversed, on the law and the facts, without costs,the motion denied and the claims reinstated.
It is undisputed that defendant Academy Bus Tours, Inc. received the release in July 2002and did not move to amend its answer until approximately 2½ years later, in 2005, duringwhich time plaintiffs not only litigated the matter extensively but also prepared for andparticipated in a mediation. Defendants' motion to amend their answer should have been deniedupon the ground of laches (see Noy v 765 9th Ave. Corp., 281 AD2d 232 [2001]).Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.