Duboff v. Board of Higher Education

In a negligence action to recover damages for personal injuries, defendants appeal from so much of an order of the Supreme Court, Kings County, entered May 12, 1969, as granted plaintiff’s motion to the extent of dismissing the third affirmative defense in defendants’ answer, i.e., that plaintiff’s exclusive remedy is under the Workmen’s Compensation Law. Order reversed insofar as appealed from, on the law and in the exercise of discretion, without costs; accordingly, the second ordering paragraph thereof, which dismissed the third affirmative defense, is stricken; motion to dismiss said…