Caceras v. Zorbas

Judgment, Supreme Court, Bronx County (Diane Lebedeff, J.), entered December 3, 1987, in favor of plaintiff in the amount of $50,611.65, unanimously reversed, on the law, and the complaint dismissed, without costs.

Defendant’s appeal from an order of the Supreme Court, Bronx County (Bertram Katz, J.), entered December 10, 1987, which denied his motion pursuant to CPLR 3025 (b) for leave to amend the answer to assert the affirmative defense of workers’ compensation, and upon such amendment, for dismissal of the complaint, is dismissed as subsumed in the appeal from the judgment, without costs.

Pl…