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CRUICKSHANK v. DUKES

188 Misc.2d 514 (2001)

729 N.Y.S.2d 233

ANGELA CRUICKSHANK, Respondent, v. ANGELIQUE DUKES, Appellant.

Supreme Court, Appellate Term, Second Department.

April 11, 2001.

Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho (Carol A. Moore of counsel), and Jacobowitz, Garfinkel & Lesman, New York City, for appellant. Pazer & Epstein, New York City (Matthew J. Fein of counsel), for respondent.

ARONIN, J. P., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and defendant's motion for leave to amend the answer is granted.

Defendant's motion to amend her answer to include the affirmative defense of exclusivity of workers' compensation is predicated on her claim that plaintiff's injuries occurred in the course of plaintiff's special employment with Queensboro Society for the Prevention of Cruelty to Children (hereinafter Queensboro...

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