Gladwell v. C & S Communications, Inc.

—Car-dona, P. J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Nicolai, J.), entered June 8, 1994 in Westchester County, which denied plaintiff’s motion to strike certain of defendants’ affirmative defenses.

The issue in this personal injury action is whether the Workers’ Compensation Law is applicable, thereby foreclosing certain of defendants’ affirmative defenses. The defenses assert that plaintiff’s injuries resulted from his own culpable conduct and alleged, inter alia, contributory negligence and assumption of…