Schmidt v. Carrara

Appellate Division of the Supreme Court of New York

Schmidt v. Carrara

11 A.D.2d 788, 204 N.Y.S.2d 942, 1960 N.Y. App. Div. LEXIS 8726

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

DecidedJuly 5, 1960

StatusPublished

Cited by1 cases

This text of 11 A.D.2d 788 (Schmidt v. Carrara) 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

Schmidt v. Carrara, 11 A.D.2d 788, 204 N.Y.S.2d 942, 1960 N.Y. App. Div. LEXIS 8726 (N.Y. Ct. App. 1960).

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Opinion

In an action brought by an employee against his corporate employer and a fellow employee to recover damages for an assault committed by such fellow employee, the employer appeals from an order of the Supreme Court, Westchester County, dated June 26, 1958, denying its motion for summary judgment dismissing the complaint as to it (Rules Civ. Prae., rule 113). Order reversed, with $10 costs and disbursements; motion granted; and complaint dismissed as against the employer, defendant Lakeland Air Conditioning & Sheet Metal Corp. In view of the outstanding award of compensation to plaintiff, and his acceptance of payments thereunder, he is precluded from bringing this action (Boca v. Federal Stevedoring Co., 280 App. Div. 940, affd. 305 N. Y. 648; Matter of Dooa v. Federal Stevedoring Co., 308 N. Y. 44; Pigott v. Field, 10 A D 2d 99; Bwrgess v, Iryde Mfg. Co., 20 Mise. 2d 875; see, also, Legault v. Brown, [789]*789283 App. Div. 303). Nolan, P. J., Beldoek, Ughetta and- Christ, JJ., concur; Kleinfeld, J., not voting.

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In an action brought by an employee against his corporate employer and a fellow employee to recover damages for an assault committed by such fellow employee, the employer appeals from an order of the Supreme Court, Westchester County, dated June 26, 1958, denying its motion for summary judgment dismissing the complaint as to it (Rules Civ. Prae., rule 113). Order reversed, with $10 costs and disbursements; motion granted; and complaint dismissed as against the employer, defendant Lakeland Air Conditioning & Sheet Metal Corp. In view of the outstanding award of compensation to plaintiff, and his acceptance of payments thereunder, he is precluded from bringing this action (Boca v. Federal Stevedoring Co., 280 App. Div. 940, affd. 305 N. Y. 648; Matter of Dooa v. Federal Stevedoring Co., 308 N. Y. 44; Pigott v. Field, 10 A D 2d 99; Bwrgess v, Iryde Mfg. Co., 20 Mise. 2d 875; see, also, Legault v. Brown, [789]*789283 App. Div. 303). Nolan, P. J., Beldoek, Ughetta and- Christ, JJ., concur; Kleinfeld, J., not voting.

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Bluebook (online)

11 A.D.2d 788, 204 N.Y.S.2d 942, 1960 N.Y. App. Div. LEXIS 8726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-carrara-nyappdiv-1960.

Opinion

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