Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying the defendants' motion for summary judgment in its entirety, and substituting therefor (a) a provision treating the defendants' motion as one both for summary judgment and for leave to amend the answer, (b) a provision granting leave to amend the answer to assert an affirmative defense based on the Workers' Compensation Law, and deeming the answer so amended...
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