Ordered that the order and judgment is reversed, on the law, with costs, and the defendants' cross motion for summary judgment dismissing the complaint is denied.
The Supreme Court erred in finding that recovery in this action was barred by Workers' Compensation Law § 29 (6) as a matter of law because the individual defendants, partners in the defendant partnership, were co-employees of the plaintiff.
A plaintiff injured during the course of his or her...
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