Felder v. Old Falls Sanitation Co.

New York Court of Appeals

Felder v. Old Falls Sanitation Co.

352 N.E.2d 131, 39 N.Y.2d 855, 386 N.Y.S.2d 214, 1976 N.Y. LEXIS 2804

New York Court of Appeals·Decided June 2, 1976·Published·Cited by 12 cases

Opinion

Memorandum. The order of the Appellate Division should be affirmed.

On the record before us, in consequence of admissions in the pleadings and facts stated in the affidavits we must take it as established that the two defendant corporations were engaged in a joint venture. In this circumstance the infant plaintiff was an employee of both defendants and as such is relegated to his remedy under the Workmen’s Compensation Law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Memorandum. The order of the Appellate Division should be affirmed.

On the record before us, in consequence of admissions in the pleadings and facts stated in the affidavits we must take it as established that the two defendant corporations were engaged in a joint venture. In this circumstance the infant plaintiff was an employee of both defendants and as such is relegated to his remedy under the Workmen’s Compensation Law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

Felder v. Old Falls Sanitation Co., 352 N.E.2d 131, 39 N.Y.2d 855, 386 N.Y.S.2d 214, 1976 N.Y. LEXIS 2804 (N.Y. 1976).

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352 N.E.2d 131 (Felder v. Old Falls Sanitation Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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