Legal Opinion
Capozzi v. United States
District Court, E.D. New York
Decided May 11, 1971No. 69 Civ. 1421PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
WEINSTEIN, District Judge.
I
This is an action sounding in negligence. Plaintiff, as administrator of the estate of Michael Capozzi, seeks compensatory damage for conscious pain and suffering and wrongful death. Defendants, Economy Volkswagen (Economy) and Michael Rendon (Rendon), deny all the material allegations of the complaint and plead affirmatively that the plaintiff’s exclusive remedy is under the Workmen’s Compensation Law of the State of New York because decedent, at the time of his death, was in the course of his employment for Economy.
With the consent of the parties, the…
2Cases cited12 opinions
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
- Van Gee v. KortsNew York Court of Appeals · 1929
- Potter v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Claim of Trent v. Collins Tuttle & Co.Appellate Division of the Supreme Court of the State of New York · 1964
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3Cited by2 opinions
- Berger v. Burlin & Jones, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Cotto Valdés v. Comisión Industrial de Puerto RicoSupreme Court of Puerto Rico · 1976