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SMITH v. ONEIDA SALES AND SERVICE, INC.

26 A.D.3d 809 (2006)

809 N.Y.S.2d 741

ROBIN D. SMITH, Appellant, v. ONEIDA SALES AND SERVICE, INC., Doing Business as ONEIDA CONCRETE PRODUCTS, INC., Respondent, et al., Defendant.

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

February 3, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting the motion of Oneida Sales and Service, Inc., doing business as Oneida Concrete Products, Inc. (defendant), for leave to serve an amended answer asserting Workers' Compensation Law § 29 as an affirmative defense (see generally Murray v. City of New York,

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