Fulford v. Baker Perkins, Inc.

Weinstein, J.,

dissents and votes to reverse the order appealed from and grant defendant’s motion, with the following memorandum: Defendant sought leave of the court to amend its answer to include the three affirmative defenses of nonprivity, failure to state a cause of action and the Statute of Frauds. The motion was made approximately five years after the action was commenced and some four and one-half years after the joinder of issue. The omission of the subject defenses allegedly became apparent upon a review of the pleadings by defendant’s newly obtained counsel. Plaintiff opposed the…