City of New York v. Fusco

One Hilpert, an employee in the department of sanitation of the city of New York, while awaiting roll call outside a garage of the department, was struck by an automobile negligently operated by the defendant Nicholas Fusco. He, too, was an employee of the department of sanitation, on his way to report for work at the same garage. Hilpert received an award of compensation against the city, under the V/orkmen’s Compensation Law (Cf. Matter of Lynch v. City of New York, 242 N. Y. 115), which now sues as assignee of the cause of action. (Workmen’s Comp. Law, § 29.) The defendant asserts that,…