Bingham v. Battista

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, dated April 27, 1970, which granted defendant Battista’s motion for leave to amend his answer so as to include therein the defense that plaintiff is barred from prosecution of the action, under subdivision 6 of section 29 of the Workmen’s Compensation Law. Order reversed, with $10 costs and disbursements, and motion denied, without costs. Defendant Battista’s delay in making the motion effected a material and serious prejudice upon plaintiff, since the motion…