Order unanimously reversed on the law without costs, motion denied and complaint reinstated.
Memorandum:
Supreme Court should have denied defendant's motion for summary judgment dismissing the complaint. Defendant failed to establish, as a matter of law, that plaintiff's negligence cause of action against him, a coemployee, is barred by the exclusivity provisions of Workers' Compensation Law § 29 (6). To have the protection of that statute, a defendant...
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