New York Supreme Court April 5, 1962 (Costanzo v. Mackler)

Walter R. Hart, J.

Plaintiff moves pursuant to rule 103 of the Buies of Civil Practice for an order striking the affirmative defense interposed in the amended answer that plaintiff and defendant were fellow employees and that the accident occurred *189in the course of their employment. It is further alleged that plaintiff’s exclusive remedy is a recourse to workmen’s compensation.