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BISS v. TOWN OF CONQUEST

45 A.D.2d 914 (1974)

Elizabeth R. Biss, as Executrix of Robert A. Biss, Deceased, Respondent, v. Town of Conquest, Respondent, et al., Defendants Town of Conquest, Third-Party Plaintiff-Respondent, v. Vincent H. Centers, Doing Business as Centers Logging and Lumber Co., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 5, 1974

Order unanimously affirmed, with costs.

Memorandum:

In an action by an employee against a third party for recovery for injuries sustained in the course of his employment, the third party may not assert as a defense the exclusive remedy of section 11 of the Workmen's Compensation Law and the employer third-party defendant may not assert such a defense against the third-party plaintiff (cf. Westchester Light. Co. v. Westchester County Small Estates Corp....

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