Malone v. Jacobs

•— Appeal by defendants from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated November 23, 1981, which denied their motion to dismiss plaintiffs’ complaint for failure to state a cause of action and, alternatively, for summary judgment. Order reversed, on the law, with $50 costs and disbursements, defendants’ motion is deemed to include a request, pursuant to CPLR 3025 (subd [b]), for leave to amend their answer to assert the exclusivity of the Volunteer Firemen’s Benefit Law remedy as an affirmative defense; said request is granted, summary judgment is granted and the…