Gomez v. Penmark Realty Corp.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered March 12, 2007, which, in an action for personal injuries *608sustained by plaintiff while performing his duties as superintendent of a building managed by defendant, sua sponte denied as untimely defendant’s motion for summary judgment dismissing the complaint on the basis of the exclusivity provisions of the Workers’ Compensation Law, and sua sponte struck defendant’s affirmative defense based on the Workers’ Compensation Law, unanimously reversed, on the law, without costs, the affirmative defense reinstated, the motion granted,…