Legal Opinion

Finch v. Swingly

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

Decided October 26, 1973PublishedCited by 58 opinions

1Opinion of the Court

Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: This appeal is from an order of Special Term, Monroe County, which denied defendant’s motion to dismiss the complaint. It is alleged in the complaint that on June 30, 1972 the plaintiff was an employee of defendant Swingly and “ engaged in and within the course of his employment ” working underneath an automobile hoist in defendant’s garage when the lift collapsed and injured him. The other defendants are the owner of the premises and the American Oil Company. The conduct complained of was that the…

2Cases cited5 opinions

  1. Kuhn v. City of New YorkNew York Court of Appeals · 1937
  2. DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
  3. Lavin v. Goldberg Building Material Corp.Appellate Division of the Supreme Court of the State of New York · 1949
  4. Culhane v. Economical Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
  5. Gardner v. Shepard Niles Crane & Hoist Corp.Appellate Division of the Supreme Court of the State of New York · 1944

3Cited by58 opinions

  1. Collier v. Wagner Castings Co.Illinois Supreme Court · 1980
  2. Deitsch v. TillerySupreme Court of Arkansas · 1992
  3. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  4. Werner v. State of New YorkNew York Court of Appeals · 1981
  5. Acevedo v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API