Smithline v. Ghessi

Order entered January 18, 1966, granting plaintiff’s motion to dismiss affirmative defenses in defendant’s answer, unanimously reversed, on the law, with $50 costs and disbursements to appellant, and the motion denied. In this personal injury action by an employee of Nestle Co., Inc., against a fellow employee, the latter has pleaded affirmative defenses based on subdivision 6 of section 29 of the Workmen’s Compensation Law. The Nestle Company maintains a parking lot adjacent to its plant in White Plains for the convenience of its employees. On the date of the accident plaintiff had driven to…