Turner v. Gannett Suburban Newspaper

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered May 27, 1998, which denied its motion for summary judgment dismissing the complaint and granted the plaintiff’s cross motion to strike the third affirmative defense alleging that the plaintiff’s exclusive remedy is Workers’ Compensation benefits.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.

The plaintiff applied for, was granted, and accepted…