Durso v. Modern Biscuit Corp.

— In an action to recover damages for personal injuries sustained by plaintiff, an employee of defendant, the latter appeals from an order of the Supreme Court, Kings County, dated December 22, 1959, denying its motion for judgment dismissing the complaint on the ground that the action is barred by the provisions of the Workmen’s Compensation Law (Rules Civ. Prae., rule 113), and on the further ground that the court does not have jurisdiction of the subject of the action (Rules Civ. Prae., rule 107, subd. 1). Order reversed, *1037with $10 costs and disbursements, and motion granted, with $10…