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KALNAS v. LAYNE OF NEW YORK CO.

173 N.J. Super. 492 (1980)

414 A.2d 607

HENRY KALNAS, PLAINTIFF-APPELLANT, v. LAYNE OF NEW YORK COMPANY, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. EMCEE CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Robert J. Forgash, attorney for appellant.

William M. Lake, attorney for defendant and third-party plaintiff-respondent.

Parker, McCay & Criscuolo, attorneys for the third-party defendant-respondent (Jeanne A. Taylor on the brief).

Before Judges LORA, ANTELL and PRESSLER.

The opinion of the court was delivered by PRESSLER, J.A.D.

Plaintiff Henry Kalnas appeals from the involuntary dismissal of his third-party negligence action against defendant Layne of New York Company, Inc. (Layne) on Layne's motion made at the conclusion of plaintiff's case. The basis of the trial court's action was its conclusion that Layne was immune from a third-party action under the Workers' Compensation Act, N.J.S.A. 34:15-8. We affirm the dismissal...

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