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CHIASERA v. EMPLOYERS INS

101 Misc.2d 877 (1979)

August Chiasera et al., Plaintiffs, v. Employers Mutual Liability Insurance Co. of Wisconsin et al., Defendants.

Supreme Court, Erie County.

November 28, 1979.

Attorney(s) appearing for the Case

James Moran for plaintiffs. Miles, Cochrane, Grosse, Rossetti and Chelus (Thomas Miles of counsel), for defendants.

RUDOLPH U. JOHNSON, J.

Plaintiffs, August and Helen Chiasera, seek an order of this court pursuant to CPLR 3211 (subd [b]) dismissing an affirmative defense as interposed in the answer of the defendant Ignatius S. Bertola, M.D.

The underlying facts are not disputed. Plaintiff, August Chiasera, injured his back while working at Spaulding Fibre Co., Inc. in Tonawanda, New York, on March 1, 1975. Plaintiff...

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