Sabatino v. Thomas Crimmins Construction Co.
New York Supreme Court
Motion to dismiss complaint on the evidence at the trial.
1Opinion of the CourtPendleton, J.
Defendant moved to dismiss the complaint on the evidence at the trial. Decision was reserved and the case sent to the jury to assess the damages. Code Civ. Pro. § 1187.
The action is in negligence for damages for personal injuries brought by an employee against a third party, not the employer.
The answer sets up as an affirmative defense that plaintiff had been divested, before suit brought, of the cause of action under the provisions of section 29 of the Workmen’s Compensation Law, and was not therefore the real party in interest.
*174There is no dispute as to the facts, and the only question is…
2Cases cited9 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
- Hess v. . HessNew York Court of Appeals · 1889
- Lester v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Simpson v. HornbeckNew York Supreme Court · 1870
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3Cited by6 opinions
- Niagara Fire Ins. Co. v. United StatesDistrict Court, S.D. New York · 1948
- Lunn v. AndrewsNew York Supreme Court · 1934
- Louis Bossert & Sons, Inc. v. Piel Bros.Appellate Terms of the Supreme Court of New York · 1920
- Godfrey v. Brooklyn Edison Co.New York Supreme Court · 1921
- In re BovardAppellate Division of the Supreme Court of the State of New York · 1930
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