Johnson v. Razor Realty Corp.

Appellate Division of the Supreme Court of New York

Johnson v. Razor Realty Corp.

25 A.D.2d 632, 267 N.Y.S.2d 994, 1966 N.Y. App. Div. LEXIS 4759

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

DecidedMarch 15, 1966

StatusPublished

This text of 25 A.D.2d 632 (Johnson v. Razor Realty Corp.) 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

Johnson v. Razor Realty Corp., 25 A.D.2d 632, 267 N.Y.S.2d 994, 1966 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order entered July 9, 1965, denying defendants’ motion for summary judgment, unanimously reversed, on the law and on the facts, with $50 costs and disbursements to appellants, and the complaint dismissed. Plaintiff, Catherine Johnson, incurred personal injuries while engaged in her employment as superintendent of the building known as 620 East 188th Street. She filed a claim for workmen’s compensation against Razor Realty Corp. and received an award, and compensation payments have been paid to her. In this action plaintiff sues Razor Realty Corp. as the owner of the building claiming that her injuries were due to the negligence of the owner and, further alleging that her employer was, in fact, Razor Realty Co., Inc. The record establishes that there is not, and never has been, a corporation known as Razor Realty Co., Inc. The defendant, M. Ratzker, is an employee of Razor Realty Corp. and, as a eoemployee of the plaintiff, Catherine Johnson, he is not subject to suit by her. Plaintiff, Catherine Johnson, having been injured in the course of her employment, her acceptance of compensation payments bars her action in negligence against her employer. (Meaney v. Keating, 305 N. Y. 660, affg. 279 App. Div. 1030, affg. 200 Misc. 308.)

Concur — Breitel, J. P., Rabin, McNally, Eager and Staley, JJ.

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Order entered July 9, 1965, denying defendants’ motion for summary judgment, unanimously reversed, on the law and on the facts, with $50 costs and disbursements to appellants, and the complaint dismissed. Plaintiff, Catherine Johnson, incurred personal injuries while engaged in her employment as superintendent of the building known as 620 East 188th Street. She filed a claim for workmen’s compensation against Razor Realty Corp. and received an award, and compensation payments have been paid to her. In this action plaintiff sues Razor Realty Corp. as the owner of the building claiming that her injuries were due to the negligence of the owner and, further alleging that her employer was, in fact, Razor Realty Co., Inc. The record establishes that there is not, and never has been, a corporation known as Razor Realty Co., Inc. The defendant, M. Ratzker, is an employee of Razor Realty Corp. and, as a eoemployee of the plaintiff, Catherine Johnson, he is not subject to suit by her. Plaintiff, Catherine Johnson, having been injured in the course of her employment, her acceptance of compensation payments bars her action in negligence against her employer. (Meaney v. Keating, 305 N. Y. 660, affg. 279 App. Div. 1030, affg. 200 Misc. 308.)

Concur — Breitel, J. P., Rabin, McNally, Eager and Staley, JJ.

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Bluebook (online)

25 A.D.2d 632, 267 N.Y.S.2d 994, 1966 N.Y. App. Div. LEXIS 4759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-razor-realty-corp-nyappdiv-1966.

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