Santoro v. Oppman

In an action to recover damages for wrongful death, the defendants separately appeal, as limited by their briefs, from so much of an order of the Supreme Court, Nassau County (Molloy, J.), dated October 7, 1987, as, inter alia, denied their respective motion and cross motions for leave to amend their answers to add the affirmative defense of immunity pursuant to the New York State Defense Emergency Act (McKinney’s Uncons Laws of NY § 9193 [L 1951, ch 784, § 113]).

*668Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the defendants’ contentions, the…