Ramirez v. Armstrong

Full title: TAMI M. RAMIREZ, Appellant, v. DEBBIE L. ARMSTRONG et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 30, 1997

242 A.D.2d 871 (N.Y. App. Div. 1997)

665 N.Y.S.2d 599

Opinion

September 30, 1997

Appeal from Supreme Court, Oneida County, Shaheen, J.

Present — Denman, P.J., Green, Lawton, Wisner and Balio, JJ.

Supreme Court did not abuse its discretion in granting defendants leave to serve an amended answer asserting the Workers' Compensation Law as an affirmative defense ( see, Murray v. City of New York, 43 N.Y.2d 400, rearg dismissed 45 N.Y.2d 966). Plaintiff may not claim prejudice or surprise resulting from the tardy assertion of the defense because she was aware of her employment status from the outset and had received workers' compensation benefits ( see, Caceras v. Zorbas, 74 N.Y.2d 884, 885).