Opinion
March 5, 1962
In an action by one Federal employee against another, to recover damages for personal injuries allegedly caused by the negligence of the defendant, the latter appeals from an order of the Supreme Court, Nassau County, dated April 20, 1961, which denied his motion to amend his answer so as to plead as a defense that the Federal Employees' Compensation Act (U.S. Code, tit. 5, §§ 751-795) is a bar to the action because the accident occurred while the parties, as Federal fellow employees, were acting in the course of their employment as such. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur. [ 28 Misc.2d 632.]