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Dransfield v. Eastern Seaboard Warehouse Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1973
43 A.D.2d 569 (N.Y. App. Div. 1973)

Opinion

November 12, 1973


In a negligence action to recover damages for personal injuries, defendant Dunkirk Contracting and Roofing Corporation appeals from an order of the Supreme Court, Queens County, dated May 30, 1973, which denied its motion for leave to amend its answer to plead a defense that plaintiff's exclusive remedy is under the Workmen's Compensation Law. Order reversed, with $50 costs and disbursements, and motion granted, on condition that appellant pay plaintiff a full bill of costs up to date, including the $50 costs and disbursements herein granted to plaintiff. Appellant's amended answer shall be served within 20 days after entry of the order to be made hereon. Although the motion was made on the eve of trial, Special Term erred in denying the motion, since plaintiff's exclusive remedy would be under the provisions of the Workmen's Compensation Law if the factual matter in the defense in question is established. Based upon the facts obtaining here, plaintiff has not shown a clear and disabling prejudice to him ( Brecher v. Brecher, 27 N.Y.2d 986; Ruggiero v. Faulkner, 31 A.D.2d 639). Hopkins, Acting P.J., Latham, Gulotta and Christ, JJ., concur.


Summaries of

Dransfield v. Eastern Seaboard Warehouse Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1973
43 A.D.2d 569 (N.Y. App. Div. 1973)
Case details for

Dransfield v. Eastern Seaboard Warehouse Corp.

Case Details

Full title:JAMES DRANSFIELD, Respondent, v. EASTERN SEABOARD WAREHOUSE CORP. et al.…

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

Date published: Nov 12, 1973

Citations

43 A.D.2d 569 (N.Y. App. Div. 1973)

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