Pensabene v. F. & J. Auditore Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the F. & J. Auditore Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of' the clerk of the county of Kings on the 24th day of December, 1912, denying the defendant’s motion, made pursuant to section 976 of the Code of Civil Procedure, to sustain the demurrer to the plaintiff’s complaint and overruling said demurrer.
1Opinion of the Court
Carr, J.:
It is plain from a reading of subdivision 9 of section 2 of the New Jersey statute (Laws of 1911, chap. 95) that its provisions for “Elective Compensation” apply, by force of said statute, only where the contract of hiring was made in the State of New Jersey. The complaint in this action fails to set up a hiring made in that State. I am inclined to the view that this failure of allegation was deliberate. Be that as it may, the complaint is defective so far as it is based upon the foreign statute. Beyond this point, I do not concur in the opinion of Woodward, J., for the further…
2Cited by2 opinions
- Brooklyn Children's Aid Society v. Industrial Board of the Department of LaborNew York Supreme Court · 1930
- Loucks v. Standard Oil Co.New York Supreme Court · 1915