Vaccaro v. H. R. H. Construction Corp.

Appellate Division of the Supreme Court of New York

Vaccaro v. H. R. H. Construction Corp.

31 A.D.2d 798, 297 N.Y.S.2d 448, 1969 N.Y. App. Div. LEXIS 4593

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

DecidedFebruary 18, 1969

StatusPublished

This text of 31 A.D.2d 798 (Vaccaro v. H. R. H. Construction 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

Vaccaro v. H. R. H. Construction Corp., 31 A.D.2d 798, 297 N.Y.S.2d 448, 1969 N.Y. App. Div. LEXIS 4593 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment entered June 12, 1968 is reversed on the law and the matter is remanded for a new trial, with costs to abide the event. In this personal injury action the court dismissed the complaint at the end of the plaintiff’s ease. The court, in effect, found that the defendant “ H. R. H. Construction Company [was] the employer of these men at the time” of the accident, thus limiting plaintiffs’ remedy in relation to H. R. H. to a workmen’s compensation claim. In our opinion the record does not sustain such finding as a matter of law. Accordingly, the complaint should not have been dismissed. The matter is thus remanded for a new trial. Concur — Eager, J. P., Tilzer, Nunez, Rabin and Maeken, JJ.

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Judgment entered June 12, 1968 is reversed on the law and the matter is remanded for a new trial, with costs to abide the event. In this personal injury action the court dismissed the complaint at the end of the plaintiff’s ease. The court, in effect, found that the defendant “ H. R. H. Construction Company [was] the employer of these men at the time” of the accident, thus limiting plaintiffs’ remedy in relation to H. R. H. to a workmen’s compensation claim. In our opinion the record does not sustain such finding as a matter of law. Accordingly, the complaint should not have been dismissed. The matter is thus remanded for a new trial. Concur — Eager, J. P., Tilzer, Nunez, Rabin and Maeken, JJ.

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Bluebook (online)

31 A.D.2d 798, 297 N.Y.S.2d 448, 1969 N.Y. App. Div. LEXIS 4593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaccaro-v-h-r-h-construction-corp-nyappdiv-1969.