Practice point: An answer to an amended complaint served pursuant to CPLR 3025(d) constitutes an original answer to the amended complaint, and affirmative defenses raised in that answer are not limited to those which had been asserted in the original answer.
Practitioners should note that a plaintiff cannot avoid the application of this rule by simply denominating a pleading as supplemental when, in fact, it asserts new injuries and a new category of damages, and which, therefore, is an amended pleading.
Practitioners should further note that a supplemental complaint does not supersede the original complaint, but is in addition to it, and the original answer remains in effect. In its answer to the supplemental complaint, a defendant may not assert a new affirmative defense unless it is responsive to the new matter alleged.
Case: Mendrzycki v. Cricchio, NY Slip Op 09044 (2d Dept. 2008)
The opinion is here.
