Grossman v. Consolidated Edison Co. of New York, Inc.

Plaintiff appeals from an order denying his motion to strike out, as insufficient in law, the first defense contained in the answer of respondent Brooklyn Edison Company, Inc. Order reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Plaintiff, an employee of a subcontractor, was injured on December 31, 1942, while working at a building owned by defendant Brooklyn Edison Company, Inc. Within the time limited therefor, he commenced an action to recover damages for personal injuries against the third party, naming as sole defendant the…