Kessler v. Breit

Order unanimously affirmed, with costs, with leave to appellant to file an amended answer, within 20 days of the order entered hereon, invoking subdivision 6 of section 29 of the Workmen’s Compensation Law if so advised. (See Fabrizio v. Fader, 6 A D 2d 1015.) (Appeal from order of Monroe Special Term granting motion to dismiss affirmative defense in automobile negligence action.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Henry, JJ.