Legal Opinion
Golini v. Nachtigall
New York Supreme Court
Decided September 20, 1973PublishedCited by 1 opinion
1Opinion of the CourtBurton S. Sherman, J.
The issue for determination is whether workmen’s compensation is the exclusive remedy in a medical malpractice and negligence action where it is alleged that plaintiff’s intestate was a company employee and the defendant a company physician and therefore fellow-employees. The motion is brought pursuant, to subdivision (c) of CPLR 3211 and the affirmative defense of workmen’s compensation is pleaded.
The decedent was a chemist executive employed by the Pepsi Cola Company. The defendant is a licensed physician employed *524full time and salaried by the Pepsi Cola Company as associate director of the…
2Cases cited13 opinions
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- Volk v. City of New YorkNew York Court of Appeals · 1940
- Bernardo Balancio v. United StatesCourt of Appeals for the Second Circuit · 1959
- Dubois v. . DeckerNew York Court of Appeals · 1891
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3Cited by1 opinion
- Liantonio v. BaumNew York Supreme Court · 1977