Liantonio v. Baum

OPINION OF THE COURT

Arthur S. Hirsch, J.

Plaintiff moves to reargue and to vacate the order of this court dated September 19, 1977 and for a further order striking defendant’s affirmative defense. (See 91 Misc 2d 433.)

The court had previously found that plaintiff’s malpractice action against a fellow worker (a physician also employed by the Department of Sanitation of the City of New York) was *637barred by subdivision 6 of section 29 of the Workers’ Compensation Law which provided that compensation benefits are the exclusive remedy of an employee negligently injured by another in the same employ.

I…