Roche v. T.G. Realty, Inc.

—In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated August 21, 1998, as granted the plaintiffs motion to strike its affirmative defense that the plaintiffs exclusive remedy is Workers’ Compensation Law benefits.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to strike the affirmative defense is denied.

The Supreme Court erred in granting the plaintiffs motion to strike the defendant’s affirmative defense based…