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GOODWIN v. EMPIRE CITY SUBWAY CO., LTD.

14094N, 152769/13.

124 A.D.3d 559 (2015)

998 N.Y.S.2d 639

JULIUS GOODWIN, Respondent, v. EMPIRE CITY SUBWAY COMPANY, LTD., et al., Defendant, and CITY OF NEW YORK et al., Appellants.

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

Decided January 29, 2015.

The affirmative defenses based on Workers' Compensation Law, accord and satisfaction and the emergency doctrine are waived by the City. In the absence of any opposition, either to the motion below or to this appeal, it cannot be said that the proposed amended affirmative defenses or cross claims are "palpably insufficient" or "patently devoid of merit" (see Kocourek v Booz Allen Hamilton Inc., 85 A.D.3d 502, 504-505 [1st Dept 2011...

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