This episode of the Deep Dive discusses an excerpt from a judicial opinion issued by the Appellate Division, First Department of the New York Supreme Court, decided on November 6, 2025, concerning the case of Taveras v Tuck-It-Away Assoc., L.P. The court unanimously affirmed a lower court's order that permitted the defendants, The Trustees of Columbia University, to amend their verified answer to include additional affirmative defenses centered on allegations of fraud and fraud on the court. The appellate decision justifies this allowance by noting that the plaintiff's testimony appeared inconsistent with evidence, particularly regarding her alleged injuries and her purported unawareness of a similar accident and lawsuit involving her daughter, who was represented by the same law firm. Furthermore, the court found the delay in amending the answer was not prejudicial to the plaintiff, especially since the note of issue had not yet been filed, allowing the defendants to raise serious claims related to the plaintiff's spinal surgery and potential misrepresentations about the cause and extent of her injuries.

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