The defendant filed her amended answer 20 months after filing the original answer, well beyond the period within which an amended pleading could have been served as of right, pursuant to CPLR 3025[a], without obtaining leave of court or the parties' stipulation. However, the plaintiff did not reject the amended answer. By retaining the amended pleading without objection, the plaintiff waived any objection as to untimeliness. The motion to strike the amended answer as untimely is denied.
Citibank, N.A. v. Saldarriaga, NY Slip Op 00647 (2d Dep't February 8, 2023)
