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TOWER NATL. INS. CO. v. LUGO

Index No. 160305/18. Appeal No. 14613-14613A. Case Nos. 2020-02527, 2020-04390.

199 A.D.3d 502 (2021)

154 N.Y.S.3d 423

2021 NY Slip Op 06334

Tower National Insurance Company, as Subrogee of OneWorld Wireless Inc., Also Known as Verizon, Subrogor, Respondent-Appellant, v. Joseph A. Lugo et al., Appellants-Respondents, et al., Defendants.

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

Decided November 16, 2021.

Attorney(s) appearing for the Case

Kelly, Rode & Kelly, LLP, Mineola ( Eric P. Tosca of counsel), for appellants-respondents.

Marschhausen & Fitzpatrick, P.C., Hicksville ( Kevin P. Fitzpatrick of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.

The motion court providently exercised its discretion in granting defendants leave to amend their answer to assert res judicata and collateral estoppel as affirmative defenses, based on the preclusive effect of an order entered in a prior action dismissing the negligence claim brought against defendant Lugo by plaintiff's subrogor, OneWorld Wireless, Inc (the OneWorld action) (see CPLR 3025[b]; Lopez v City of New York, 80 A.D.3d 432

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