Chiasera v. Employers Mutual Liability Insurance

OPINION OF THE COURT

Rudolph U. Johnson, J.

Plaintiffs, August and Helen Chiasera, seek an order of this court pursuant to CPLR 3211 (subd [b]) dismissing an affirmative defense as interposed in the answer of the defendant Ignatius S. Bertola, M.D.

The underlying facts are not disputed. Plaintiff, August *878Chiasera, injured his back while working at Spaulding Fibre Co., Inc. in Tonawanda, New York, on March 1, 1975. Plaintiff was directed by defendant Employers Mutual Liability Insurance Company of Wisconsin, the workers’ compensation carrier for Spaulding, to be examined by defendant Bertola.…