Mason v. Flager Park Estates

In an action to recover damages for personal injuries, etc., the second third-party defendant appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated October 9, 2001, which denied its motion for summary judgment dismissing the second third-party complaint, or, in the alternative, for leave to serve an amended second third-party answer.

Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof denying that branch of the motion which was for leave to serve an amended second third-party answer so as to include an affirmative defense of…