JOHNSON v. KEARSE


7 Misc.2d 20 (1957)

James Johnson, Plaintiff, v. Henry J. Kearse et al., Defendants.

Supreme Court, Special Term, Monroe County.

June 14, 1957.


Attorney(s) appearing for the Case

Melvin W. Buetens for plaintiff.

Frederick J. Wilkens for Henry J. Kearse, defendant.

John J. Darcy for Ralph B. Nelson, defendant.


G. ROBERT WITMER, J.

Plaintiff has moved to strike out as sham the affirmative defense in the amended answer of each defendant herein in which it is alleged that the plaintiff and defendant Nelson were coemployees at the time of plaintiff's injury and that hence plaintiff's remedy is governed by the Workmen's Compensation Law. The papers show that defendant Nelson was in the employ of defendant Kearse; that Kearse...

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