Paris v. Reiss

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In light of our decision in Paris v Reiss (251 AD2d 1016 [decided herewith]), we do not address the denial of that part of defendant’s motion seeking to renew argument of plaintiffs’ motion for partial summary judgment.

Supreme Court abused its discretion in denying that part of defendant’s motion seeking leave to serve an amended answer alleging the exclusivity of the Workers’ Compensation Law as an affirmative defense (see, Legere v Eastern Ambulance, 175 AD2d 647; Holtz…