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BOTWINICK v. OGDEN

59 N.Y.2d 909 (1983)

Sylvia Botwinick et al., Respondents, v. Herbert S. Ogden et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Marshal S. Endick and Stuart E. Kahan for appellants.

Emilio Nunez, Harry H. Lipsig and Pamela Anagnos Liapakis for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with direction to defer disposition of appellants' motion to dismiss the complaint until final resolution of a prompt application to determine the rights if any of respondents to benefits under the provisions of the Workers' Compensation Law.

In O...

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