Brecher v. Brecher

Memorandum. The concurring memorandum at the Appellate Division correctly concluded that ‘ ‘ the amendment of an answer to plead the statute before trial should liberally be granted to promote the legislative intent that employees should generally be compensated for their injuries through the exclusive remedy of the statute, but the court’s discretion still remains to deny the amendment where clear and disabling prejudice will be worked to the plaintiff.” The concurring Justice’s further conclusions that in this case no such prejudice existed, and that the discretion of the Trial Term was *988prop…