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CARRIERO v. NEW YORK CITY SCH. CONSTR. AUTH.

12863N, 105779/10.

118 A.D.3d 611 (2014)

987 N.Y.S.2d 845

2014 NY Slip Op 4701

DOMINECK CARRIERO, Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY et al., Appellants.

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

Decided June 24, 2014.

Leave to amend should have been granted, since the proposed affirmative defense of a setoff has merit (see Thomas Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166, 170 [1989]; see also Herrick v Second Cuthouse, 100 A.D.2d 952, 953 [2d Dept 1984], affd 64 N.Y.2d 692 [1984]). Indeed, defendants may be successive tortfeasors entitled to a setoff...

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