Legault v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKimball, J.
We are of the opinion that there is no issue of fact to be tried out and that, therefore, the defendants’ motion for summary judgment should have been granted. Inasmuch as there was no appeal from the order on the previous motion to dismiss the complaint for legal insufficiency, we are bound by that order. However, we feel constrained to say that we think the complaint is one based upon negligence and does not state a cause of action for willful assault. Nevertheless, we treat the complaint as one for assault by the employer upon the employee. The answer sets up as a defense the securing of…
2Cases cited8 opinions
- Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
- Boek v. Wong HingSupreme Court of Minnesota · 1930
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
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3Cited by19 opinions
- Collier v. Wagner Castings Co.Illinois Supreme Court · 1980
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Wojcik v. Aluminum Co. of AmericaNew York Supreme Court · 1959
- Schlenk v. Aerial Contractors, Inc.North Dakota Supreme Court · 1978
- Claim of Martin v. C. A. Productions Co.New York Court of Appeals · 1960
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