TUFFARELLA v. ERIE R. R. CO.


27 Misc.2d 638 (1961)

Anthony Tuffarella, Plaintiff, v. Erie Railroad Company, Defendant and Third-Party Plaintiff. Star Corrugated Box Company, Third-Party Defendant.

Supreme Court, Special Term, Nassau County.

January 12, 1961


Attorney(s) appearing for the Case

Walter C. Marshall for third-party defendant. Carl J. Moskowitz for plaintiff. Davis, Polk, Wardwell, Sunderland & Kiendl for third-party plaintiff.


FRANK A. GULOTTA, J.

This motion by the third-party defendant, Star Corrugated Box Company (Star), seeks permission to amend its answer so as to plead the Workmen's Compensation Law as an affirmative defense.

In the main action Anthony Tuffarella, an employee and a passenger in a truck owned by Star and driven by a fellow servant at the time it was in collision with an Erie Railroad train in New Jersey...

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