Opinion
May 22, 1967
Order of the Supreme Court, Queens County, dated September 12, 1966, which denied appellants' motion for leave to serve an amended answer including an affirmative defense of workmen's compensation being plaintiff's exclusive remedy against appellants (Workmen's Compensation Law, § 29, subd. 6), reversed, without costs, and motion granted. The amended answer shall be served within 30 days after entry of the order hereon. In our opinion, the denial of the motion was an improvident exercise of discretion ( Dalton v. Michelin, 18 A.D.2d 1138; Pierce v. Hanley, 26 A.D.2d 912). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.