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BAY v. NEW YORK MED. COLL. FLOWER & FIFTH AVE. HOSP.

75 A.D.2d 834 (1980)

Anna Bay et al., Respondents, v. New York Medical College Flower & Fifth Avenue Hospital et al., Appellants

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

May 12, 1980

Order reversed, without costs or disbursements, and motion granted.

Appellants' time to answer is extended until 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. We disagree with Special Term's determination that (1) defendants' delay of more than two years in seeking the instant amendment of their answer to interpose the affirmative defense of workers' compensation as the exclusive remedy of the plaintiff...

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