Order affirmed, with $50 costs and disbursements, for the reasons set forth in the memorandum decision of Mr. Justice Pittoni at Trial Term.
We would add, however, that plaintiffs' contention that subdivision 6 of section 29 of the Workers' Compensation Law does not bar this action insofar as it is based on a theory of respondeat superior, rather than on section 388 of the Vehicle and Traffic Law, need not be resolved in this case since the stipulated facts...
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