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BAIJNAUTH v. CITY OF NEW YORK

286 A.D.2d 254 (2001)

728 N.Y.S.2d 665

MOHAN BAIJNAUTH, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 16, 2001.

The amendment to the answer was properly permitted absent a showing of prejudice resulting from the delay in asserting the exclusivity of workers' compensation (see, Murray v City of New York, 43 N.Y.2d 400, 405; see also, Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 959). Plaintiff's claim that the hearing court, in effect, entertained a motion for summary judgment made more than...

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