Appellate Division of the Supreme Court of the State of New York November 9, 2007 (Dawley v. McCumber)

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered August 4, 2006 in a wrongful death action. The order denied the motion of defendant Robert McCumber for leave to amend his answer in action No. 1 to assert an affirmative defense of medical emergency.