Kimbrough v. C. F. L. Development Corp.

Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Plaintiffs Elliott Kimbrough and his wife Margery commenced separate negligence actions against defendant alleging that injuries sustained when they were assaulted by two trespassers in a building owned by defendant were caused by various acts of negligence on the part of defendant. Defendant’s answer asserted by way of “affirmative defense” that plaintiffs were employees of defendant at the time of the incident complained of and thus had an exclusive remedy under the Workers’ Compensation Law.…