"[T]he general rule holds that an appellate court must apply the law as it exists at the time of its decision" (Deutsche Bank Natl. Trust Co. v Groder, 218 A.D.3d 542, 544 [internal quotation marks omitted]).
Further, the proposed affirmative defense is not palpably insufficient or patently devoid of merit, since it merely adds a new defense and does not allege any new or different facts (Gallagher, 137 A.D.3d at 1073). Accordingly, that part of defendant's motion for leave to amend the complaint is granted (Deutsche Bank Natl. Trust Co. v Grader, 218 A.D.3d 542, 544-545 [2d Dep't 2023]; Lennon v 56th & Park (NY) Owner, LLC, 199 A.D.3d 64, 70-71 [2d Dep't 2021]). Conclusion