| Bonavita v McNicholas |
| 2010 NY Slip Op 03260 [72 AD3d 859] |
| April 20, 2010 |
| Appellate Division, Second Department |
| Gary Bonavita et al., Appellants, v Irving McNicholas etal., Respondents, et al., Defendants. |
—[*1] Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (Rebecca K. Devlin and Michael G.Kruzynski of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Nassau County (Murphy, J.), dated September 30, 2008, which grantedthe motion of the defendants Irving McNicholas and Professional Exterminating Co., Inc., forleave to amend their answer to include an affirmative defense that the action is barred by theWorkers' Compensation Law.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the respondents' motionpursuant to CPLR 3025 (b) for leave to amend their answer to assert an affirmative defense thatthe action is barred by the Workers' Compensation Law, as the proposed amendment would notcause prejudice or surprise and is neither palpably insufficient nor patently devoid of merit(see CPLR 3025 [b]; Liss v Trans Auto Sys., 68 NY2d 15, 22-23 [1986];Murray v City of New York, 43 NY2d 400, 404-407 [1977]; Lucido v Mancuso, 49 AD3d 220,229 [2008]; Brown v Collora, 278 AD2d 266, 267 [2000]). Miller, J.P., Leventhal,Chambers and Lott, JJ., concur. [Prior Case History: 2008 NY Slip Op 32814(U).]