Mather v. Ginsroe, Inc.

Matthew M, Levy, J,

In this action for personal injuries allegedly caused by .the defendant’s negligence, the defendant moves for judgment dismissing the complaint (CPLR 3211, subd. [a], par. 2) and (CPLR 3212), upon the ground that the court has no jurisdiction of the subject matter of the action, in that the plaintiff was allegedly an employee of the defendant and the Workmen’s Compensation Board had and exercised jurisdiction of the claim. The plaintiff cross-moves to strike the defendant’s affirmative defense contained in the answer of the applicability of the Workmen’s Compensation Law to…