Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court abused its discretion in refusing to grant defendant leave to amend its answer to plead, as a defense, the exclusivity of the Workers' Compensation Law. "[L]eave to amend pleadings to include [a workers' compensation] defense should be freely granted * * * in the absence of operative prejudice"
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CHART v. MARK IV CONSTR. CO., INC.
201 A.D.2d 929 (1994)
610 N.Y.S.2d 902
John R. Chart et al., Respondents, v. Mark IV Construction Co., Inc., Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
February 4, 1994
February 4, 1994
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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