February 8, 2023

DSB prevailed in the Appellate Division, Second Department on an appeal in a personal action alleging assault and battery. In the lower court, DSB moved to have plaintiff’s complaint dismissed as time-barred; in response, plaintiff opposed the motion and cross-moved to amend the complaint to add timely allegations for violations of New York City’s Victims of Gender-Motivated Violence Protection Law and Civil Rights Law § 79-n. The Supreme Court, Nassau County granted DSB’s motion to dismiss plaintiff’s Complaint and denied Plaintiff’s cross-motion to amend. On appeal, the Appellate Division, Second Department, affirmed the lower court’s order finding plaintiff’s proposed amendments to be palpably insufficient and patently devoid of merit.