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COSTANZO v. MACKLER

34 Misc.2d 188 (1962)

Frank Costanzo, Plaintiff, v. Sol Mackler, Defendant.

Supreme Court, Special Term, Kings County.

April 5, 1962

Attorney(s) appearing for the Case

Jerome Edelman for plaintiff. Michels, Gangel & Walton for defendant.

WALTER R. HART, J.

Plaintiff moves pursuant to rule 103 of the Rules of Civil Practice for an order striking the affirmative defense interposed in the amended answer that plaintiff and defendant were fellow employees and that the accident occurred in the course of their employment. It is further alleged that plaintiff's exclusive remedy is a recourse to workmen's compensation.

The rule provides that...

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