Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to strike the affirmative defense is denied.
The Supreme Court erred in granting the plaintiff's motion to strike the defendant's affirmative defense based upon the exclusive remedy provisions of the Workers' Compensation Law. There is a triable issue of fact as to whether the defendant is an alter ego of Gaffco, Inc., the plaintiff's employer, which bears on whether...
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