Kazmercik v. Goble

In an action to recover damages for" personal injuries, the appeal is from an order denying appellant’s motion under subdivision 1 of rule 107 of the Rules of Civil Practice to dismiss the complaint, or in the alternative for summary judgment. The complaint alleges that the appellant was respondent’s employer at the time of the accident and that appellant had failed to secure compensation for his employees as provided in section 50 of the Workmen’s Compensation Law. The proof submitted on appellant’s motion, however, conclusively establishes that, although appellant was respondent’s special…