Fiumara v. C & S Wholesale Grocers, Inc.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated January 11, 2006, which denied its motion for leave to amend its answer to add an affirmative defense.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and the proposed amended answer, in the form annexed to the defendant’s moving papers, is deemed served upon the plaintiffs upon service of a copy of this decision and order.

The Supreme Court should have granted the defendant’s…