WYSO v. CITY OF NEW YORK


91 A.D.2d 661 (1982)

Eugenia O. Wyso, Individually and as Executrix of Peter J. Wyso, Also Known as Peter J. Wysoczynski, Deceased, et al., Appellants, v. City of New York, Respondent

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

December 20, 1982


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Defendant sought and was granted leave to amend its answer to assert as an affirmative defense the exclusive remedy of workers' compensation. The motion was made approximately three years after issue was joined by service of defendant's original answer. Subdivision (b) of CPLR 3025 empowers the court to freely grant motions to amend pleadings; however, the court will deny relief when unjustified...

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