Legal Opinion

Estupinan v. Cleanerama Drive-In Cleaners, Inc.

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

Decided March 6, 1972PublishedCited by 10 opinions

1Opinion of the CourtGulotta, J.

This appeal brings up for review the sufficiency of a complaint in which the plaintiff, as administratrix of the estate of Francisco Estupinan, seeks to recover from the decedent’s employer, defendant Cleanerama Drive-In Cleaners, Inc., damages sustained by reason of an assault committed by defendant John Bellasario, a fellow employee, resulting in the decedent’s death.

*354Cleanerama moved to dismiss the complaint as against it, on the ground that, as to it, the action was barred by the Workmen’s Compensation Law; and from the order denying that motion this appeal was taken.

Cleanerama is sought…

2Cases cited4 opinions

  1. DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
  2. Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
  3. Lavin v. Goldberg Building Material Corp.Appellate Division of the Supreme Court of the State of New York · 1949
  4. Le Pochat v. PendletonNew York Supreme Court · 1946

3Cited by10 opinions

  1. Werner v. State of New YorkNew York Court of Appeals · 1981
  2. Thompson v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 1982
  3. Jones v. StateAppellate Division of the Supreme Court of the State of New York · 1983
  4. Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  5. Acevedo v. Consolidated Edison Co.New York Supreme Court · 1991

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