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PICHARDO v. KREGER TRUCK

57 A.D.2d 177 (1977)

Rafael F. Pichardo et al., Appellants, v. Kreger Truck Renting Co., Inc., et al., Respondents

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

May 3, 1977

Attorney(s) appearing for the Case

Walter T. Reardon of counsel (Harold Sylvan with him on the brief; Reardon & Sclafani, P. C., attorneys), for appellants.

Nathan Cyperstein of counsel (Wollerstein & Futoran, attorneys), for respondents.

MURPHY, P. J., KUPFERMAN and CAPOZZOLI, JJ., concur.

LUPIANO, J.

The parties herein stipulated as to the "Statement of Facts" for "the purpose of having the Trial Court determine * * * whether or not the Affirmative Defense that Workmen's Compensation is the plaintiffs' exclusive remedy as against both defendants is a bar to recovery by plaintiff in the within action." Essentially, this action is for personal injuries sustained by plaintiff Rafael Pichardo by...

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