Gruber v. Chvatil

Appellate Division of the Supreme Court of New York

Gruber v. Chvatil

43 A.D.2d 563, 349 N.Y.S.2d 323, 1973 N.Y. App. Div. LEXIS 3210

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

DecidedNovember 5, 1973

StatusPublished

This text of 43 A.D.2d 563 (Gruber v. Chvatil) 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

Gruber v. Chvatil, 43 A.D.2d 563, 349 N.Y.S.2d 323, 1973 N.Y. App. Div. LEXIS 3210 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated February 26, 1973, which granted plaintiff’s motion to strike the affirmative defense that plaintiff’s exclusive remedy is workmen’s compensation. Order reversed, with $20 costs and disbursements, and motion denied. In our opinion, whether the injury allegedly sustained by plaintiff is within the scope of the Workmen’s Compensation Law is a matter to be determined upon a trial. Rabin, P. J., Hopkins, Munder, Martuseello and Latham, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated February 26, 1973, which granted plaintiff’s motion to strike the affirmative defense that plaintiff’s exclusive remedy is workmen’s compensation. Order reversed, with $20 costs and disbursements, and motion denied. In our opinion, whether the injury allegedly sustained by plaintiff is within the scope of the Workmen’s Compensation Law is a matter to be determined upon a trial. Rabin, P. J., Hopkins, Munder, Martuseello and Latham, JJ., concur.

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Bluebook (online)

43 A.D.2d 563, 349 N.Y.S.2d 323, 1973 N.Y. App. Div. LEXIS 3210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gruber-v-chvatil-nyappdiv-1973.