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RAMIREZ v. ARMSTRONG

242 A.D.2d 871 (1997)

665 N.Y.S.2d 599

Tami M. Ramirez, Appellant, v. Debbie L. Armstrong et al., Respondents

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

September 30, 1997

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting defendants leave to serve an amended answer asserting the Workers' Compensation Law as an affirmative defense (see, Murray v City of New York, 43 N.Y.2d 400, rearg dismissed 45 N.Y.2d 966). Plaintiff may not claim prejudice or surprise resulting from the tardy assertion of the defense because...

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