Matias v. City of New York

In an action to recover damages for personal injuries, the defendants City of New York, New York City Fire Department, and Henry J. Cuba appeal from an order of the Supreme Court, Queens County (Kerrigan, J.), dated November 14, 2012, which denied their motion to amend their answer to assert an affir mative defense based on the exclusivity provision of the Workers’ Compensation Law, and for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff sustained an injury in the course of his employment by the City of…