D'Anofrio v. Hatten

In an action grounded in negligence to recover damages for personal injuries, defendant moves for summary judgment dismissing the complaint on the ground that plaintiff’s sole and exclusive remedy is that afforded by the Workmen’s Compensation Law. It appears that there has been no administrative determination of the question, as plaintiff has not made a claim for workmen’s compensation. Therefore, the motion here may be granted only if it appears by the undisputed facts before the court that the defense is good as a matter of law. If the question of whether or not the plaintiff and defendant…