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HOLTZ v. E & E DRILLING & TESTING CO., INC.

156 A.D.2d 1031 (1989)

Kathleen A. Holtz, as Administratrix of The Estate of Randall Holtz, Deceased, Respondent, v. E & E Drilling and Testing Company, Inc., Appellant, et al., Defendants. (Appeal No. 1.)

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

December 20, 1989

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying defendant E & E Drilling and Testing Company, Inc. (EEDT) permission to serve an amended answer alleging the affirmative defense that receipt of workers' compensation benefits is plaintiff's sole remedy. Leave to amend shall be freely granted and plaintiff has demonstrated no prejudice (see<...

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