District Court, S.D. New York November 1, 1957 (Cuomo v. Cities Service Oil Co.)

LEVET, District Judge.

Motion to amend answer is denied.

The proposed Fifth Defense relating to the acceptance of a disability award, pursuant to the Workmen’s Com pensation Law of the State of New Jersey, is not a defense to this action since defendant is not an employer of plaintiff. See Title 34, N.J.S.A., Sec. 34:15-40.