Biss v. Town of Conquest

Order unanimously affirmed, with costs. Memorandum: In an action by an employee against a third party for recovery for injuries sustained in the course of his employment, the third party may not assert as a defense the exclusive remedy of section 11 of the Workmen’s Compensation Law and the 'employer third-party defendant may not assert such a defense against the third-party plaintiff (cf. Westchester Light. Co. v. Westchester County Small Estates Corp., 278 N. Y. 175). Nothing contained in Dole v. Dow Chem. Co. (30 N Y 2d 143) altered that accepted rule (Bellefeuille v. City & County Sav.…