FAVALE v. JACKSON


8 Misc.2d 143 (1957)

John S. Favale, Plaintiff, v. William T. Jackson, Defendant and Third-Party Plaintiff, et al., Defendants. Universal Carloading and Distributing Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, Kings County.

April 25, 1957.


Attorney(s) appearing for the Case

Dubensky & Dubensky for plaintiff.

Baier, Chamberlin & Hartig for defendant and third-party plaintiff.

John W. Trapp for third-party defendant.


JAMES S. BROWN, J.

Motion by defendant and third-party plaintiff Jackson to amend the answer by including subdivision 6 of section 29 of the Workmen's Compensation Law as an affirmative defense. This subdivision reads: "The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee, or in case of death his dependents, when such employee is injured or killed by the negligence...

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