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CHEN v. 111 MOTT LLC

Index No. 157115/16. Appeal No. 14617. Case No. 2020-04949.

200 A.D.3d 594 (2021)

155 N.Y.S.3d 778

2021 NY Slip Op 07501

Xiyi Chen, Respondent, v. 111 Mott LLC, Respondent, and H&M Contractors, Inc., Appellant, et al., Defendants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, New York ( Nicholas P. Hurzeler , of counsel), for appellant.

The Altman Law Firm, PLLC, New York ( Michael T. Altman of counsel), for Xiyi Chen, respondent.

Ondrovic, Hurley & Platek, PLLC, White Plains ( Beth S. Gereg , of counsel), for 111 Mott LLC, respondent.

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

The court improvidently exercised its discretion in denying H&M's cross motion for leave to amend its answer to assert an affirmative defense that the workers' compensation benefits paid by H&M's insurer to plaintiff were his exclusive remedy against H&M (Workers' Compensation Law §§ 11, 29[6]). H&M's initial failure to submit the proposed amended pleading (CPLR 3025[b]) was a technical defect that the court should have overlooked (see CPLR...

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