Shaller v. Gotham Sanitarium, Inc.

The applicability of the Workmen’s Compensation Law and the separate defenses to the causes of action alleged in the complaint cannot satisfactorily be determined in this case on the motion addressed to the pleadings, but should await the development of the facts at the trial. Order denying the motion to strike the separate defenses unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.