Koizumi v. Mount Sinai Hospital

Order of the Supreme Court, Bronx County (Callahan, J.), entered on November 28, 1984, which denied defendant’s motion to dismiss the complaint on the ground that a defense exists founded upon documentary evidence that plaintiff received workers’ compensation benefits, and which *338granted plaintiffs cross motion to compel discovery, unanimously reversed, on the law, without costs, and the complaint dismissed. Plaintiffs cross motion is denied as moot.

Plaintiff, a nurse injured on March 5, 1981 when she fell as she exited defendant’s premises, commenced suit to recover damages for her injuries.…