Cruz v. Wallach

Order, entered on December 19, 1961, which order resettled an order entered on November 3, 1961 denying defendant’s motion for summary judgment, unanimously affirmed on the law, with $20 costs and disbursements to plaintiff-respondent. It is true that, if the plaintiff’s injuries arose out of and in the course of his employment by 455 West 50th Street Corporation, the provisions of the Workmen’s Compensation Law will bar a recovery bv him against defendant, the president of the corporation, for his acts in behalf of the corporation. (See Williams v. Hartshorn, 296 N. Y. 49; Cunningham v.…