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LINDNER v. KEW REALTY CO.

113 A.D.2d 36 (1985)

George Lindner et al., Respondents, v. Kew Realty Co. et al., Defendants and Third-Party Plaintiffs-Appellants. F. W. Koehler & Sons, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Appellant; et al., Fourth-Party Defendant

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

October 21, 1985

Attorney(s) appearing for the Case

Rivkin, Leff, Sherman & Radler (Frank L. Amoroso and David P. Franks of counsel), for defendants and third-party plaintiffs-appellants.

Courtney & Courtney (William J. Courtney of counsel), for respondents.

O'CONNOR, NIEHOFF and LAWRENCE, JJ., concur.

GIBBONS, J. P.

We are called upon on this appeal to review the propriety of Special Term's denial of a cross motion by the defendants third-party plaintiffs (hereinafter the defendants) to amend their answer to include the affirmative defense of workers' compensation, and for dismissal of the amended complaint on that ground. Workers' Compensation Law § 29 (6) pertinently provides that "[t]he right to compensation...

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