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VASQUEZ v. G.A.P.L.W. REALTY, INC.

254 A.D.2d 232 (1998)

679 N.Y.S.2d 140

Ramon Vasquez et al., Appellants, v. G.A.P.L.W. Realty, Inc., Respondent and Third-Party Plaintiff. Renewal Arts Contracting, Inc., Third-Party Defendant-Respondent

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

October 29, 1998

Assuming arguendo the allegation in the answers of "plaintiff's culpable conduct" was insufficient to raise a "recalcitrant worker" defense (cf., Stolt v General Foods Corp., 81 N.Y.2d 918), we nevertheless affirm, on the ground that plaintiffs waived objection to any such pleading defect by addressing the recalcitrant worker defense at length on the merits on the prior motion for summary judgment (see,

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