BRECHER v. BRECHER


27 N.Y.2d 986 (1970)

Harriett Brecher, as Administratrix of The Estate of Edward A. Brecher, Deceased, Appellant, v. Philip C. Brecher, Respondent.

Court of Appeals of the State of New York.

Decided December 10, 1970.


Attorney(s) appearing for the Case

Herman Schmertz for appellant.

Sheila L. Birnbaum, Emile Z. Berman and A. Harold Frost for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The concurring memorandum at the Appellate Division correctly concluded that "the amendment of an answer to plead the statute before trial should liberally be granted to promote the legislative intent that employees should generally be compensated for their injuries through the exclusive remedy of the statute, but the court's discretion still remains to deny the amendment where clear and disabling prejudice will...

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