Legal Opinion

Murphy v. Elmwood Country Club, Inc.

New York Supreme Court

Decided October 16, 1944PublishedCited by 2 opinions

1Opinion of the CourtPatterson, J.

The corporate defendant moves for summary judgment dismissing the complaint as against it on the ground that the affirmative defense contained in its answer is sufficient as a matter of law to defeat the cause of action contained in the complaint. The plaintiffs by cross motion move to strike out said affirmative defense on the ground that it is insufficient -in law upon its face.

The infant plaintiff, a boy of eleven years of age, while, working as a caddy on the corporate defendant’s golf course was struck under the left eye by a golf ball driven by the individual defendant Leder. This…

2Cases cited11 opinions

  1. People v. . WernerNew York Court of Appeals · 1903
  2. Noreen v. William Vogel & Bros.New York Court of Appeals · 1921
  3. People v. . TaylorNew York Court of Appeals · 1908
  4. Matter of Clarke v. Town of RussiaNew York Court of Appeals · 1940
  5. Warney v. Board of Education of School District No. 5New York Court of Appeals · 1943

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3Cited by2 opinions

  1. Ulrich v. Terminal Operating Corp.New York Supreme Court · 1945
  2. Bray v. BurkeNew York Supreme Court · 1962

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