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BARDERE v. ZAFIR

63 N.Y.2d 850 (1984)

Steven Bardere, Appellant, v. Arthur Zafir et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 11, 1984.

Attorney(s) appearing for the Case

Roy M. Warner for appellant.

Hugh J. Helfenstein and Richard A. Scheer for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On appeal by defendants Zafir and Brooklyn Garbage Bag Co. from an order of Special Term which had denied their motion under CPLR 3211 to dismiss the complaint for failure to state a cause of action and as barred by the Workers' Compensation Law, plaintiff, for the first time, asked in the Appellate...

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