Christey v. Gelyon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff’s complaint alleges that he was injured when struck by defendant. The answer denied the allegation and asserted as an affirmative defense that plaintiff and defendant were coemployees at the time of the incident and that plaintiff’s suit is barred by the Workers’ Compensation Law. Plaintiff moved to strike the affirmative defense and defendant cross-moved for summary judgment. Special Term granted the motion to strike and denied the motion for summary judgment. It…
2Cases cited9 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
- Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
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3Cited by6 opinions
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- Le Doux v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1990
- Lowe v. KinnAppellate Division of the Supreme Court of the State of New York · 1993
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