Hamilton v. Bendick

Defendant moves for summary judgment pursuant to CPLR 3212.

The action is to recover damages arising from personal injuries received by the plaintiff Pauline Hamilton, when the automobile she was operating was struck by one owned and operated by the defendant. Defendant’s answer interposes the defense that the plaintiff’s exclusive remedy is her right to workmen’s compensation (Workmen’s Compensation Law, § 29, subd. 6).

From the pleadings and the examination of the plaintiff before trial it is established that the plaintiff Pauline Hamilton and the defendant were coemployees of McIntosh…