Baeringer v. City of New York
This text of 212 A.D. 857 (Baeringer v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment and order appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event, with leave to defendant to serve an amended answer alleging that plaintiff elected to receive compensation under the Workmen’s Compensation Law. If such be the fact, this action cannot be maintained. (Lester v. Otis Elevator Co., 169 App. Div. 613; Miller v. N. Y. Railways Co., 171 id. 316, 319; Pavia v. Petroleum Iron Works Co., 178 id. 345; Travelers Ins. Co. v. Bro,ss Goods Mfg. Co., 239 N. Y. 273.) Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide the event, with leave to defendant to serve an amended answer.
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Cite This Page — Counsel Stack
212 A.D. 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baeringer-v-city-of-new-york-nyappdiv-1925.