MASTEY v. MANCUSI


122 Misc.2d 119 (1983)

John C. Mastey et al., Plaintiffs, v. Aldo Mancusi et al., Defendants.

Supreme Court, Special Term, Kings County.

December 7, 1983


Attorney(s) appearing for the Case

Frank E. Maher, P. C., for defendants. Ressler & Ressler for plaintiffs.


ARTHUR S. HIRSCH, J.

This motion by defendants Aldo, Armand and Everest Mancusi (Mancusi) presents what is apparently a case of first impression in regard to the use of the affirmative defense of workers' compensation to defeat a liability action. Defendants move for summary judgment pursuant to CPLR 3212 on the grounds that plaintiff, John Claude Mastey, employed by Al-Arm Electrical Construction Corp. (Al-Arm), was injured while doing renovation work...

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