Murray v. City of New York, 43 N.Y.2d 400 (1977)
A court has broad discretion to allow amendment of pleadings, even during or after trial, to conform to the evidence presented, provided there is no operative prejudice to the opposing party.
Summary
James Murray, a city employee, was struck and killed by a police car. His widow sued the City for negligence. The City failed to assert the exclusivity of workers’ compensation as a defense in its initial answer. After the plaintiff presented her case, the City moved to amend its pleading to include this defense, arguing that workers’ compensation was the exclusive remedy. The trial court granted the motion, set aside the verdict against the City, and dismissed the complaint. The Appellate Division reversed, but the Court of Appeals reversed the Appellate Division, holding that the trial court did not abuse its discretion in allowing the amendment because the plaintiff was not prejudiced.
Facts
James Murray, an employee of the New York City Economic Development Administration, was performing a feasibility study in Brooklyn when he was struck by a police car. He died two days later. His widow, brought a negligence action against the City and the driver of the other vehicle involved in the collision.
Procedural History
The City did not initially plead workers’ compensation exclusivity as a defense. After the plaintiff presented her case, the City moved to amend its pleading to assert this defense. The trial court granted the motion, set aside the verdict against the City, and dismissed the complaint. The Appellate Division reversed, finding the amendment was untimely. The Court of Appeals then reversed the Appellate Division’s decision.
Issue(s)
Whether the trial court abused its discretion in granting the City’s motion to amend its pleading after the plaintiff had presented her case to assert the exclusivity of workers’ compensation as a defense.
Holding
No, because the decision to grant an amendment to a pleading is within the sound discretion of the trial court, and the plaintiff failed to demonstrate prejudice resulting from the late amendment.
Court’s Reasoning
The Court of Appeals emphasized CPLR 3025(b), which states that leave to amend pleadings should be “freely given.” The court noted that the decision to allow an amendment is almost entirely within the court’s discretion. CPLR 3025(c) allows amendments to conform pleadings to the evidence, even after judgment. The court stated that such amendments should be determined using the same considerations as amendments under 3025(b), with consideration given to the impact on orderly trial prosecution.
The Court found no “operative prejudice” to the plaintiff resulting from the City’s delay in asserting the defense. The plaintiff’s own witness testified about the decedent’s employment with the City and the nature of his work at the time of the accident. The court noted, “When a variance develops between a pleading and proof admitted at the instance or with the acquiescence of a party, such party cannot later claim that he was surprised or prejudiced and the motion to conform should be granted.”
The Court also pointed out that the plaintiff’s bill of particulars stated that the decedent was employed by the City, and the plaintiff never claimed that a workers’ compensation claim had not been timely filed. The court stated, “Workmen’s compensation is an exclusive remedy as a matter of substantive law and, hence, whenever it appears or will appear from a plaintiff’s pleading, bill of particulars or the facts that the plaintiff was an employee of the defendant, the obligation of alleging and, in any event, of proving noncoverage falls on the plaintiff.” While the issue can be waived, such waiver only occurs if the defendant ignores the issue until final disposition.
Because the plaintiff could not claim surprise or prejudice, the Appellate Division abused its discretion in disturbing the trial court’s decision. The Court of Appeals reversed the Appellate Division’s order and reinstated the trial court’s judgment dismissing the complaint against the City.