Brunetti v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Martin Shulman, J.), entered on or about December 29, 1999, which granted defendant City’s motion to amend its answer so as to include the affirmative defense that the action is barred by the Workers’ Compensation Law, and for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion to amend the answer was properly granted absent a showing of prejudice resulting from the delay in asserting the exclusivity of workers’ compensation (see, Murray v City of New York, 43 NY2d 400, 405; see also, Edenwald Contr. Co. v City of…
2Cases cited6 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Goodman v. GudiAppellate Division of the Supreme Court of the State of New York · 1999
- Gannon v. JWP Forest Electric Corp.Appellate Division of the Supreme Court of the State of New York · 2000
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- Peters v. Trammell Crow Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Erazo v. 136 East Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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