Browning v. County Fence Co.

In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered April 10, 1998, as granted that branch of the motion of the third-party defendant which was to dismiss the third-party complaint as barred by Workers’ Compensation Law § 11.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion of the third-*579party defendant which was to dismiss the third-party complaint is denied, and the…