Kessler v. Breit

Appellate Division of the Supreme Court of New York

Kessler v. Breit

38 A.D.2d 875, 330 N.Y.S.2d 325, 1972 N.Y. App. Div. LEXIS 5373

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

DecidedFebruary 17, 1972

StatusPublished

This text of 38 A.D.2d 875 (Kessler v. Breit) 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

Kessler v. Breit, 38 A.D.2d 875, 330 N.Y.S.2d 325, 1972 N.Y. App. Div. LEXIS 5373 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order unanimously affirmed, with costs, with leave to appellant to file an amended answer, within 20 days of the order entered hereon, invoking subdivision 6 of section 29 of the Workmen’s Compensation Law if so advised. (See Fabrizio v. Fader, 6 A D 2d 1015.) (Appeal from order of Monroe Special Term granting motion to dismiss affirmative defense in automobile negligence action.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Henry, JJ.

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Order unanimously affirmed, with costs, with leave to appellant to file an amended answer, within 20 days of the order entered hereon, invoking subdivision 6 of section 29 of the Workmen’s Compensation Law if so advised. (See Fabrizio v. Fader, 6 A D 2d 1015.) (Appeal from order of Monroe Special Term granting motion to dismiss affirmative defense in automobile negligence action.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

38 A.D.2d 875, 330 N.Y.S.2d 325, 1972 N.Y. App. Div. LEXIS 5373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessler-v-breit-nyappdiv-1972.