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FUSCO v. W. W. BABCOCK & CO.

94 A.D.2d 758 (1983)

Albert Fusco et al., Plaintiffs, v. W. W. Babcock & Co. et al., Defendants. (And Third-Party Action.) (Action No. 1.) Albert Fusco et al., Appellants, v. Helmsley-Spear, Inc., Respondent. (Action No. 2.)

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

May 23, 1983

Order and judgment affirmed insofar as appealed from, without costs or disbursements.

After the case proceeded to trial, defendant Helmsley-Spear moved for leave to amend its answer to assert, as an affirmative defense, that plaintiff Albert Fusco was its employee at the time of the accident, and, therefore, that workers' compensation was his exclusive remedy (see Workers' Compensation Law, § 11). The trial court granted the motion for leave to amend and then...

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