Heritage v. Patten

Appeal from that part of an order of the Supreme Court at Special Term (Crangle, J.), entered February 19, 1982 in Saratoga County, which denied defendant’s motion for summary judgment and granted plaintiffs’ cross motion to dismiss defendant’s first and second affirmative defenses. On November 1, 1979, plaintiff Wayne D. Heritage, an employee of Country Club Acres, Inc., was seriously injured in the course of his employment while working on the construction of a building for his employer. Plaintiff received workers’ compensation benefits from his employer’s carrier. Thereafter, plaintiff and…