Pelengaris v. Ragone

Appellate Division of the Supreme Court of New York

Pelengaris v. Ragone

53 A.D.2d 859, 385 N.Y.S.2d 360, 1976 N.Y. App. Div. LEXIS 13689

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

DecidedJuly 6, 1976

StatusPublished

This text of 53 A.D.2d 859 (Pelengaris v. Ragone) 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

Pelengaris v. Ragone, 53 A.D.2d 859, 385 N.Y.S.2d 360, 1976 N.Y. App. Div. LEXIS 13689 (N.Y. Ct. App. 1976).

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Opinion

In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Suffolk County, entered January 22, 1976, which, after a nonjury trial on an issue of fact held pursuant to a prior order (see CPLR 3212, subd [c]), (1) determined that the infant plaintiff was not an employee of the corporate defendant (sued herein as John Ragone, doing business as South Haven Riding Stables) within the meaning of the Workmen’s Compensation Law, (2) denied defendants’ motions for summary judgment, (3) granted summary judgment to plaintiffs pursuant to CPLR 3212 (subd [b]) striking the first affirmative defense contained in the answer of the corporate defendant and (4) granted plaintiffs’ motion to amend paragraph "ninth” of the complaint by substituting the word "used” for the word "employed”. Order affirmed, with one bill of $50 costs and disbursements payable jointly by appellants. The determination that the infant plaintiff was not an employee of the corporate defendant at the time of the accident is amply supported by the record. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Suffolk County, entered January 22, 1976, which, after a nonjury trial on an issue of fact held pursuant to a prior order (see CPLR 3212, subd [c]), (1) determined that the infant plaintiff was not an employee of the corporate defendant (sued herein as John Ragone, doing business as South Haven Riding Stables) within the meaning of the Workmen’s Compensation Law, (2) denied defendants’ motions for summary judgment, (3) granted summary judgment to plaintiffs pursuant to CPLR 3212 (subd [b]) striking the first affirmative defense contained in the answer of the corporate defendant and (4) granted plaintiffs’ motion to amend paragraph "ninth” of the complaint by substituting the word "used” for the word "employed”. Order affirmed, with one bill of $50 costs and disbursements payable jointly by appellants. The determination that the infant plaintiff was not an employee of the corporate defendant at the time of the accident is amply supported by the record. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

53 A.D.2d 859, 385 N.Y.S.2d 360, 1976 N.Y. App. Div. LEXIS 13689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelengaris-v-ragone-nyappdiv-1976.