Hirsch v. Mastroianni

In a wrongful death action, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated September 23, 1980, which (1) granted defendant’s motion for summary judgment and dismissed plaintiff’s complaint on the ground that plaintiff’s action is barred by subdivision 6 of section 29 of the Workers’ Compensation Law, and (2) denied plaintiff’s cross motion pursuant to CPLR 3211 (subd [b]) to dismiss defendant’s second affirmative defense which alleged that plaintiff’s cause of action was barred by the aforesaid section of the Workers’ Compensation Law. Order reversed, with $50…