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MORGEN v. COLUMBIA BROAD.

40 A.D.2d 143 (1972)

Hamilton Morgen, Respondent-Appellant, v. Columbia Broadcasting System, Inc., et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 30, 1972.

Attorney(s) appearing for the Case

Elliott J. Solomon of counsel (Louis Nizer with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for respondent-appellant.

Carleton G. Eldridge, Jr., of counsel (Eugene L. Girden and John M. Keene, III, with him on the brief; Coudert Brothers, attorneys), for appellants-respondents.

MARKEWICH, NUNEZ, MURPHY and CAPOZZOLI, JJ., concur.

McGIVERN, J. P.

This appeal principally presents the problem of a belated move by the defendants, made more than five years after the start of the action, to amend their answer, setting up a separate and complete affirmative defense, based on a document, claimed by defendants to be a complete defense to the action. The appeal comes to us by a cross appeal from a post-trial order of FEIN, J., New York County,...

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