Appellate Division of the Supreme Court of the State of New York April 18, 2005 (Humphreys v. 201 Marine Avenue, LLC)

In an action to re*533cover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated August 13, 2004, which granted the plaintiffs motion to strike its second affirmative defense alleging that the Workers’ Compensation Law is the plaintiffs sole remedy, and denied its cross motion for summary judgment dismissing the complaint