Friedl v. Hennard

Judgment unanimously reversed, on the law and facts, without costs, and complaint dismissed. Memorandum: Defendant appeals from a judgment entered against him on a jury verdict in the sum of $12,000 in favor of plaintiff in a personal injury action. Trial court had denied defendant’s motion for dismissal of the complaint on the ground that plaintiff’s remedy lay exclusively with the Workmen’s (now Workers) Compensation Board. Defendant operated two unincorporated businesses in Fillmore, New York— a gasoline service station and a feed mill. On February 1, 1972 at noon he learned that a carload…