Legal Opinion

Lappin v. National Container Corp.

New York Supreme Court

Decided August 20, 1942PublishedCited by 4 opinions

1Opinion of the CourtShientag, J.

This is a motion to strike out (1) paragraph Fifth of the answer on the ground that it is sham, (2) paragraphs Eighth to Twenty-second inclusive consisting of a separate defense on the ground of insufficiency, and (3) for judgment on the pleadings.

The action is by an administratrix for personal injuries suffered by the decedent as a result of the defendants’ negligence. The defendants plead by way of defense that plaintiff’s intestate at the time of the injury on February 23, 1940, was subject to the provisions of the Workmen’s Compensation Law (Cons. Laws, ch. 67), that plaintiff applied for…

2Cases cited14 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
  3. Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
  4. United States Fidelity & Guaranty Co. v. Graham & Norton Co.New York Court of Appeals · 1930
  5. Calagna v. Sheppard-Pollak, Inc.Appellate Division of the Supreme Court of the State of New York · 1942

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Estate of Nye v. First National BankIndiana Court of Appeals · 1973
  2. Firestone Tire & Rubber Co. v. BrownCourt of Appeals of Arizona · 1983
  3. Hugo v. WadeNew York Supreme Court · 1957
  4. Estate of Nye v. First National BankIndiana Court of Appeals · 1973

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