Caffery v. New York Central Railroad

Order unanimously modified by reinstating the second affirmative defense and as modified affirmed, without costs of these appeals to either party. Memorandum: In this action for wrongful discharge plaintiff appeals from that part of Special Term’s order which denied his motion made under CPLR 3211 (subd. [b]), to strike the first affirmative defense and defendant appeals from part of the order which struck the second affirmative defense. In an earlier action by plaintiff for serious personal injuries incurred in the course of his employment, the action was settled during trial by payment of…