Canty v. Greer Children's Community

Appellate Division of the Supreme Court of New York

Canty v. Greer Children's Community

54 A.D.2d 698, 387 N.Y.S.2d 292, 1976 N.Y. App. Div. LEXIS 14266

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1976

StatusPublished

This text of 54 A.D.2d 698 (Canty v. Greer Children's Community) 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.

Bluebook

Canty v. Greer Children's Community, 54 A.D.2d 698, 387 N.Y.S.2d 292, 1976 N.Y. App. Div. LEXIS 14266 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Dutchess County, dated May 27, 1975, which, inter alia, granted defendant’s motion to dismiss the complaint and (2) a further order of the same court dated July 21, 1975, which denied his motion, inter alia, to set aside the prior decision of the court and for a new trial. Orders affirmed, without costs or disbursements. Plaintiff’s injuries arose out of and in the course of his employment, and he so concedes. Hence, his cause of action in common-law negligence against the defendant employer is barred by section 10 of the Workmen’s Compensation Law. Martuscello, Acting P. J., Latham, Cohalan, Rabin and Hawkins, JJ., concur.

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In an action to recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Dutchess County, dated May 27, 1975, which, inter alia, granted defendant’s motion to dismiss the complaint and (2) a further order of the same court dated July 21, 1975, which denied his motion, inter alia, to set aside the prior decision of the court and for a new trial. Orders affirmed, without costs or disbursements. Plaintiff’s injuries arose out of and in the course of his employment, and he so concedes. Hence, his cause of action in common-law negligence against the defendant employer is barred by section 10 of the Workmen’s Compensation Law. Martuscello, Acting P. J., Latham, Cohalan, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 698, 387 N.Y.S.2d 292, 1976 N.Y. App. Div. LEXIS 14266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canty-v-greer-childrens-community-nyappdiv-1976.