Appellate Division of the Supreme Court of the State of New York January 14, 1997 (Bauman v. Garfinkle)

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 11, 1996, which, in an action for medical malpractice seeking damages for, inter alia, lost wages, denied defendant’s motion to amend his answer to include an affirmative defense of setoff under General Obligations Law § 15-108 (a) for whatever damages for lost wages plaintiff might recover in a Federal court