Corley v. Stern

Appellate Division of the Supreme Court of New York

Corley v. Stern

31 A.D.2d 536, 295 N.Y.S.2d 191, 1968 N.Y. App. Div. LEXIS 2974

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

DecidedNovember 4, 1968

StatusPublished

This text of 31 A.D.2d 536 (Corley v. Stern) 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

Corley v. Stern, 31 A.D.2d 536, 295 N.Y.S.2d 191, 1968 N.Y. App. Div. LEXIS 2974 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment of the Supreme Court, Queens County, entered November 10, 1966, affirmed, with costs. In this personal injury negligence action by an employee against her employers, plaintiff is not entitled to rely upon the provisions [537]*537of section 5 of the Employers’ Liability Law which, in an action arising out of the course of employment, make contributory negligence a defense to be pleaded and proved by the defendants. Not only does plaintiff’s complaint fail to allege any statutory violation, but she has not complied with section 3 of the statute, which mandates notice to the employer of the time, place and cause of injury. Plaintiff is bound by the usual rule, as charged, that she must plead and prove her freedom from contributory negligence. Christ, Acting P. J., Brennan, Benjamin, Munder and Martuseello, JJ., concur.

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Judgment of the Supreme Court, Queens County, entered November 10, 1966, affirmed, with costs. In this personal injury negligence action by an employee against her employers, plaintiff is not entitled to rely upon the provisions [537]*537of section 5 of the Employers’ Liability Law which, in an action arising out of the course of employment, make contributory negligence a defense to be pleaded and proved by the defendants. Not only does plaintiff’s complaint fail to allege any statutory violation, but she has not complied with section 3 of the statute, which mandates notice to the employer of the time, place and cause of injury. Plaintiff is bound by the usual rule, as charged, that she must plead and prove her freedom from contributory negligence. Christ, Acting P. J., Brennan, Benjamin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

31 A.D.2d 536, 295 N.Y.S.2d 191, 1968 N.Y. App. Div. LEXIS 2974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corley-v-stern-nyappdiv-1968.