D'Agostino v. Wagenaar

268 A.D. 912, 51 N.Y.S.2d 756, 1944 N.Y. App. Div. LEXIS 4220

Opinion

Action to recover damages for personal injuries suffered as'a consequence of the defendant’s operation of his automobile. The plaintiff was a gardener, employed by the Metropolis Country Club. The defendant was an employee of the same master. At the time of the accident he was driving his own automobile along a private roadway of the club when it mounted a curb and ran down the plaintiff. While defendant was so operating his car he was off duty and was on his way to visit a sister. The defense was that the action was barred by reason of subdivision 6 of section 29 of the Workmen’s Compensation Law. Judgment in favor of plaintiff, and order denying a motion to set aside the verdict and to dismiss the complaint, unanimously affirmed, with costs. No opinion. Present — Carswell, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ. [183 Misc. 184.] [See post, p. 986.]