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BONAVITA v. McNICHOLAS

2008-10264

72 A.D.3d 859 (2010)

898 N.Y.S.2d 866

GARY BONAVITA et al., Appellants, v. IRVING McNICHOLAS et al., Respondents, et al., Defendants.

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

Decided April 20, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondents' motion pursuant to CPLR 3025 (b) for leave to amend their answer to assert an affirmative defense that the action is barred by the Workers' Compensation Law, as the proposed amendment would not cause prejudice or surprise and is neither palpably insufficient nor patently devoid of merit (see CPLR 3025 [b]; Liss v Trans Auto...

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