Legal Opinion
Commissioners of the State Insurance v. National City Bank
New York Supreme Court
Decided January 22, 1946PublishedCited by 1 opinion
1Opinion of the CourtValente, J.
Plaintiff insurance carrier in this action seeks reimbursement from defendant third party (Workmen’s Compensation Law, § 29, subd. 5) of an award (Workmen’s Compensation Law, § 15, subds. 8, 9) arising from the death of one Max Schulman, a window cleaner, in the course of his employment. The complaint alleges that Schulman came to his death by reason of defendant’s negligent violation of the statute (Labor Law, § 202) regarding maintenance of proper window-anchor bolts.
This motion is to strike five affirmative defenses in the answer, of which only the first three, viz., contributory…
2Cases cited7 opinions
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Teller v. Prospect Heights HospitalNew York Court of Appeals · 1939
- Exchange Mutual Indemnity Insurance v. Central Hudson Gas & Electric Co.New York Court of Appeals · 1926
- Teller v. Prospect Heights HospitalAppellate Division of the Supreme Court of the State of New York · 1938
- Commissioners of the State Insurance Fund v. Empire Trust Co.New York Supreme Court · 1945
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