| Schwenger v New York Univ. |
| 2019 NY Slip Op 00076 [168 AD3d 443] |
| January 8, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Paul Schwenger, Appellant, v New York University et al., Respondents. |
Stewart Lee Karlin Law Group, P.C., New York (Stewart Lee Karlin of counsel), for appellant.
Marshall Dennehey Warner Coleman & Goggin, P.C., Melville (Michael P. Kelly of counsel), for respondents.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered May 8, 2017, which, to the extent appealed from, as limited by the briefs, denied plaintiff's motion for leave to amend the complaint to assert causes of action under Labor Law §§ 740 and 741, the New York State Human Rights Law, and the New York City Human Rights Law; and order, same court and Justice, entered April 10, 2018, which, to the extent appealed from, granted leave to reargue the denial of plaintiff's motion to amend and, upon reargument, adhered to its prior determination, unanimously affirmed, without costs.
Plaintiff sought leave to amend the complaint on August 22, 2016, more than 13 years after
he commenced this action. Plaintiff was put on notice that his causes of action hinged on whether
an employer-employee relationship existed between him and defendants, at the latest, when
defendants answered his amended complaint in December 2003 asserting Workers'
Compensation Law as an affirmative defense and admitting that plaintiff was an employee.
Discovery proceeded in this action for over 2
We have considered the remaining arguments and find them unavailing. Concur—Renwick, J.P., Manzanet-Daniels, Tom, Mazzarelli, Webber, JJ.