Opinion
October 2, 1967
Appeal by plaintiff from an order of the Appellate Term, Second Judicial Department, dated December 9, 1966, which (1) reversed an order of the District Court of the County of Nassau, First District, dated March 16, 1966, denying a motion of defendants Seebeck and Gaynor to amend their answer to allege the affirmative defense that workmen's compensation was plaintiff's exclusive remedy; (2) granted the motion; and (3) dismissed an appeal from an order of said District Court denying said defendants' motion for reargument. Order affirmed, with $20 costs and disbursements ( Belcher v. Kesten, 28 A.D.2d 556; Dalton v. Michelin, 18 A.D.2d 1138; Pierce v. Hanley, 26 A.D.2d 912). Christ, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.