Ordered that the order is affirmed, with one bill of costs.
The injured plaintiff allegedly sustained his injuries while attempting to repair boiler equipment in the boiler room of premises owned by the defendant. The defendant impleaded the injured plaintiff's employer, the third-party defendant Tivoli Associates, and asserted in its answer, inter alia, the affirmative defense of Workers' Compensation Law § 11, contending that the plaintiffs' exclusive...
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