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FORSHAY v. STAR DAIRY, INC.

187 A.D.2d 838 (1992)

James M. Forshay et al., Appellants, v. Star Dairy, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1992

Crew III, J.

On February 3, 1989, plaintiff James M. Forshay (hereinafter plaintiff) was injured while riding in a vehicle operated by defendant Harry J. Huffman. At the time of the accident, plaintiff was employed by Mountain Dairies, Inc. Following joinder of issue, plaintiff moved to strike defendants' fifth affirmative defense, which asserted that plaintiff's causes of action were barred under the Workers' Compensation Law, and defendants cross-moved...

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