Moore v. Michaud

Appellate Division of the Supreme Court of New York

Moore v. Michaud

166 A.D.2d 883, 560 N.Y.S.2d 544, 1990 N.Y. App. Div. LEXIS 12108

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

DecidedOctober 5, 1990

StatusPublished

Cited by1 cases

This text of 166 A.D.2d 883 (Moore v. Michaud) 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

Moore v. Michaud, 166 A.D.2d 883, 560 N.Y.S.2d 544, 1990 N.Y. App. Div. LEXIS 12108 (N.Y. Ct. App. 1990).

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Opinion

Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred

[884]*884in granting the motion of defendant Milton Bradley International, Inc. for summary judgment dismissing plaintiffs complaint. The movant sought dismissal solely on the ground that defendant Michaud was not in its employ when he assaulted plaintiff. Michaud’s verified answer, in which he admitted that he was at the time employed by the corporation, is sufficient to defeat the motion (see, CPLR 105 [t]; Bethlehem Steel Corp. v Solow, 51 NY2d 870, 872; Hladczuk v Epstein, 98 AD2d 990). (Appeal from order of Supreme Court, Chautauqua County, Adams, J.—summary judgment.) Present—Dillon, P. J., Boomer, Pine, Lawton and Lowery, JJ.

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Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred

[884]*884in granting the motion of defendant Milton Bradley International, Inc. for summary judgment dismissing plaintiffs complaint. The movant sought dismissal solely on the ground that defendant Michaud was not in its employ when he assaulted plaintiff. Michaud’s verified answer, in which he admitted that he was at the time employed by the corporation, is sufficient to defeat the motion (see, CPLR 105 [t]; Bethlehem Steel Corp. v Solow, 51 NY2d 870, 872; Hladczuk v Epstein, 98 AD2d 990). (Appeal from order of Supreme Court, Chautauqua County, Adams, J.—summary judgment.) Present—Dillon, P. J., Boomer, Pine, Lawton and Lowery, JJ.

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Bluebook (online)

166 A.D.2d 883, 560 N.Y.S.2d 544, 1990 N.Y. App. Div. LEXIS 12108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-michaud-nyappdiv-1990.

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