Hulis v. M. Foschi & Sons

OPINION OF THE COURT

Arthur S. Hirsch, J.

This action involves a claim for the wrongful death of one Mason Hulis who was killed on or about July 20,1980, *568as a result of the alleged negligence of seven named defendants. One of the defendants, Fink Baking Corporation (Fink), now seeks summary judgment based upon the affirmative defense that, at the time of the incident which led to the alleged wrongful death, the plaintiff was an employee of said defendant in the course of his employment, thus barring an action pursuant to sections 10, 11 and 29 of the Workers’ Compensation Law.

There is no…