Ventrone v. Tarancki

32 A.D.2d 738, 302 N.Y.S.2d 108, 1969 N.Y. App. Div. LEXIS 4006
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 15, 1969
StatusPublished
Cited by3 cases

This text of 32 A.D.2d 738 (Ventrone v. Tarancki) 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
Ventrone v. Tarancki, 32 A.D.2d 738, 302 N.Y.S.2d 108, 1969 N.Y. App. Div. LEXIS 4006 (N.Y. Ct. App. 1969).

Opinion

Order unanimously affirmed, without costs. Memorandum: The alleged tortious act upon which plaintiff bases his cause of action was independent of and not related to the common employment of the parties to the action. The fact that the act occurred upon the employer’s premises (cf. Doyle v. Jennings, 31 A D 2d 608) is not controlling because of the intervention of [739]*739the over-riding and independent alleged wrongful conduct of defendants which had no relationship to common employment (ef. Matter of Marks v. Freeman Bus Corp., 28 A D 2d 751). (Appeal from order of Onondaga Special Term granting motion to dismiss defense of Workmen’s Compensation Law.) Present —'Goldman, P. J., Marsh, Witmer, Bastow and Henry, JJ.

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Related

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Bluebook (online)
32 A.D.2d 738, 302 N.Y.S.2d 108, 1969 N.Y. App. Div. LEXIS 4006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventrone-v-tarancki-nyappdiv-1969.