Di Bernardo v. Heimroth

Appeal from an order of the Supreme Court at Special Term, entered September 29, 1978 in Columbia County, which denied a motion for summary judgment dismissing the third-party plaintiff’s complaint. This proceeding was before this court upon a prior appeal by the plaintiff, arid the decision therein established that the plaintiff had pleaded a cause of action against defendant Heimroth for "negligence in the maintenance and rental of a defective vehicle” which was not subject to the defense of subdivision 6 of section 29 of the Workers’ Compensation Law (Di Bernardo v Heimroth, 58 AD2d 344,…