Near v. Wagner Pool Co.

In an action to recover damages for personal injuries, etc., the defendants Dimitry Jodidio and Jean Jodidio appeal from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated April 1, 2004, as, upon renewal, adhered to its prior determination in an order dated September 5, 2003, denying their motion for summary judgment dismissing the complaint insofar as asserted against them as barred by the exclusivity provision of Workers’ Compensation Law § 29 (6).

Ordered that the order dated April 1, 2004, is reversed insofar as appealed from, on the law, with costs, upon…