Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendants leave to amend their answer to include an affirmative defense that the action was barred under the Workers' Compensation Law. A motion for leave to amend an answer to assert such a defense may be granted in the absence of prejudice or surprise even where, as here, it was first raised after the action was ready to proceed to trial (see...
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