In this personal injury action arising out of a March 20, 1971 accident, defendant moved for summary judgment sustaining its affirmative defense that workers' compensation benefits were plaintiff's exclusive remedy (Workers' Compensation Law, § 11). This defense was expressly based upon allegations in the answer that defendant and plaintiff's employer, New Pines, Inc., were engaged in a joint venture. An immediate trial of the joint venture issue was directed, and, after...
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