Order reversed insofar as appealed from, on the law and in the exercise of discretion, without costs; accordingly, the second ordering paragraph thereof, which dismissed the third affirmative defense, is stricken; motion to dismiss said defense denied; and an immediate trial, pursuant to CPLR 3211 (subd. [c]), is ordered of the single issue of whether plaintiff was an employee in a position as alleged in said defense at the time of his accident.
In our opinion, the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
