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RICCHEZZA v. METROPOLITAN TRANSPORTATION AUTHORITY

2010-03096.

79 A.D.3d 998 (2010)

914 N.Y.S.2d 903

JOHN C. RICCHEZZA, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided December 21, 2010.

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

Contrary to the plaintiff's contention, "defenses waived under CPLR 3211 (e) can nevertheless be interposed in an answer amended by leave of court pursuant to CPLR 3025 (b) so long as the amendment does not cause the other party prejudice or surprise resulting directly from the delay" (Endicott Johnson Corp. v Konik Indus., 249 A.D.2d 744, 744 ...

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