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SANFILIPPO v. CITY OF NEW YORK

239 A.D.2d 296 (1997)

657 N.Y.S.2d 423

Joseph Sanfilippo, Appellant, v. City of New York, Respondent

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

May 27, 1997

The motion to amend the answer was properly granted, there being no showing of prejudice resulting from the delay in asserting the exclusivity of workers' compensation as an affirmative defense (see, Murray v City of New York, 43 N.Y.2d 400; Caceras v Zorbas, 74 N.Y.2d 884). The companion motion for summary judgment, however, was improperly granted upon a finding that plaintiff was...

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