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MATIAS v. CITY OF NEW YORK

2013-06039, Index No. 25939/11.

127 A.D.3d 1145 (2015)

7 N.Y.S.3d 509

2015 NY Slip Op 03506

MICHAEL A. MATIAS, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 29, 2015.

In an action to recover damages for personal injuries, the defendants City of New York, New York City Fire Department, and Henry J. Cuba appeal from an order of the Supreme Court, Queens County (Kerrigan, J.), dated November 14, 2012, which denied their motion to amend their answer to assert an affirmative defense based on the exclusivity provision of the Workers' Compensation Law, and for summary judgment dismissing the complaint...

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