Samba v. Delligard

In a negligence action to recover damages for wrongful death and personal injuries, defendants Julius Delligard, Jr., and Mendon Leasing Corp. appeal from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated February 28, 1984, as denied their motion to dismiss the complaint as to them, inter alia, pursuant to CPLR 3212, based on the defense of workers’ compensation.

Order modified, on the law, by deleting therefrom the provision which denied that branch of the motion which was *564to dismiss the complaint as against defendant Julius Delligard, Jr., and substituting therefor…