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BINEY v. RODRIGUEZ

262 A.D.2d 592 (1999)

691 N.Y.S.2d 903

LUSTY BINEY, Respondent, v. ASTROGILDA RODRIGUEZ, Appellant.

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

Decided June 28, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the defendant leave to amend her answer to interpose an affirmative defense based on Workers' Compensation, as she failed to proffer sufficient evidence to support the claim that the plaintiff was her special employee (see, Sidor v Zuhoski, 257 A.D.2d 564; Alejandro v Riportella,

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