Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.
Memorandum.
The motion to strike out the affirmative defense that the accident arose out of and in the course of the employment of the plaintiff by the defendant-appellant Byroads and that a proceeding under the Workmen's Compensation Law was the plaintiff's exclusive remedy, should have been denied. The motion was made on the ground that the defense was barred by a prior...
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