Mezzanotte v. Maurer

In an action by an employee, for whom workmen’s compensation has been secured by his employer, against a third party to recover damages for personal injuries sustained by the employee in the course of his employment, in consequence of the alleged negligence of the third party, plaintiff moves for an order (1) striking out, as sham, defendant’s denial of paragraph “ Eleventh ” of the amended complaint and (2) striking from the amended answer, as insufficient in law, the affirmative defense alleged in paragraphs “ Second ” to “ Ninth ” inclusive thereof.(1) The accident in which the injuries…