Bay v. New York Medical College Flower & Fifth Avenue

In a medical malpractice action, defendants appeal from an order of the Supreme Court, Queens County, dated August 30, 1979, which denied their motion for leave to serve an amended answer to include the affirmative defense of workers’ compensation. Order reversed, without costs or disbursements, and motion granted. Appellants’ time to answer is extended until 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. We disagree with Special Term’s determination that (1) defendants’ delay of more than two years in seeking the instant…