Frick v. Horton

The defendant administratrix appeals from the denial of her motion for summary judgment dismissing the complaint as to her on the ground that the action, which is to recover damages for decedent’s death, occurring in the course of his employment through the alleged negligence of movant’s intestate, his fellow employee, is barred by section 29 of the Workmen’s Compensation Law.

It has been adjudicated that decedent’s death was an industrial accident and his widow and minor child, as dependents, have been given a workmen’s compensation award. (Matter of Frick v. Rouse Constr. Corp., 19 A D 2d…