The Appellate Division unanimously revered the Order which denied defendants' motion to amend the answer to assert as an additional affirmative defense the doctrine of collateral estoppel and/or res judicata, and granted the motion. Plaintiff failed to demonstrate that he would be prejudiced if defendants were permitted to amend the answer. Plaintiff's contention that he would have to alter his trial strategy to account for the Workers' Compensation Board determination of which he has been aware for years is insufficient. Neither did plaintiff demonstrate that the proposed affirmative defense is palpably devoid of merit.
Rodriguez v. Extell W. 57th Street LLC, NY Slip Op 06034 (1st Dep't October 22, 2020)
