Legal Opinion

Shaffer v. Aumick

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1976PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously reversed, without costs, and motion to dismiss first cause of action granted. Memorandum: Defendants Howard and Elsie Aumick appeal from so much of an order of Special Term as denied their motion pursuant to CPLR 3211 (subd [a], par 7) to dismiss a cause of action against them based upon a violation of section 130 of the Labor Law. Defendant Jack Aumick is the 13-year-old son of defendants Howard and Elsie Aumick. He had been hired by defendant Burton to mow the lawn of premises owned by her and occupied by plaintiffs. It was while he was performing this task that the injury…

2Cases cited6 opinions

  1. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  2. Moyer v. Lo Jim Cafe, Inc.New York Court of Appeals · 1964
  3. Moyer v. Lo Jim Cape, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
  4. Vincent v. Riggi & Sons, Inc.New York Court of Appeals · 1972
  5. Ludwig v. LoweAppellate Division of the Supreme Court of the State of New York · 1968

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3Cited by1 opinion

  1. Stambach v. PierceAppellate Division of the Supreme Court of the State of New York · 1988

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