Brooks v. City of New York

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered August 28, 1996, which, in an action by a laborer to recover for personal injuries, granted defendant owner’s motion to amend its answer to include the affirmative defense of exclusivity of workers’ compensation and for summary judgment dismissing the complaint based on that defense, unanimously modified, on the law, to deny summary judgment based on such affirmative defense and to reinstate the complaint, and otherwise affirmed, without costs.

The motion to amend the answer was properly granted, there being no showing of…