Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff's complaint alleges that he was injured when struck by defendant. The answer denied the allegation and asserted as an affirmative defense that plaintiff and defendant were coemployees at the time of the incident and that plaintiff's suit is barred by the Workers' Compensation Law. Plaintiff moved to strike the affirmative defense and defendant cross...
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