Home/New York Court of Appeals/Ferguson v. Green Island Contracting Corp.

Ferguson v. Green Island Contracting Corp.

328 N.E.2d 792, 36 N.Y.2d 742, 368 N.Y.S.2d 163, 1975 N.Y. LEXIS 1783
CourtNew York Court of Appeals
DecidedMarch 20, 1975
StatusPublished
Cited by22 cases

This text of 328 N.E.2d 792 (Ferguson v. Green Island Contracting Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Green Island Contracting Corp., 328 N.E.2d 792, 36 N.Y.2d 742, 368 N.Y.S.2d 163, 1975 N.Y. LEXIS 1783 (N.Y. 1975).

Opinion

Per Curiam.

A corporate employer seeks to recover damages alleged to have been sustained by it on account of disabling personal injuries suffered by a difficult-to-replace employee responsible for product design and development. The allegation is that the injuries to the employee were caused by defendant-respondent’s negligence in the operation of a private aircraft in which the employee was flying as a passenger for hire.

Defendant-respondent’s motion to dismiss was properly granted. An employer has no right to recover damages sustained when one of its employees is injured in consequence of the negligence of a third party. Woodward v Washburn (3 Denio 369) (even to the extent that it remains good law), relied on by appellant, is not sufficiently in point.

The order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in Per Curiam opinion; Judge Cooke taking no part.

Order affirmed, with costs.

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Bluebook (online)
328 N.E.2d 792, 36 N.Y.2d 742, 368 N.Y.S.2d 163, 1975 N.Y. LEXIS 1783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-green-island-contracting-corp-ny-1975.