Rozelle v. Robertson

Gibson, P.

J. Appeal (1) from an order of the Supreme Court at Special Term which granted defendant’s motion for summary judgment dismissing the complaint in a personal injury negligence action on the ground that defendant had established her pleaded defense under the Workmen’s Compensation Law (§ 29, subd. 6), which provides that the right to compensation under that act “ shall be the exclusive remedy to an employee * * * when such employee is injured * * * by the negligence or wrong of another in the same employ”; and (2) from the judgment entered on said order. Special Term correctly found…