Legal Opinion

Casey v. Shane

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

Decided November 17, 1927PublishedCited by 9 opinions

1Opinion of the CourtVan Kirk, J.

The motion was to strike out the separate defenses numbered II and III for insufficiency. The cross-motion was to dismiss the complaint on the pleadings. The principal question is whether a general contractor, who has secured compensation covering the employees of a subcontractor, is immune from liability for injuries to one of those employees in a third party action, a common-law action for negligence. There were presented to the Special Term the complaint, answer and a stipulated statement of facts.

The defendants were copartners. The firm took a contract to construct a school building. Part…

2Cases cited7 opinions

  1. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  2. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  3. Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
  4. White v. George A. Fuller Co.Massachusetts Supreme Judicial Court · 1917
  5. Smale v. Wrought Washer Manufacturing Co.Wisconsin Supreme Court · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Clark v. Monarch Engineering Co.New York Court of Appeals · 1928
  2. Adams v. Hercules Powder Co.Tennessee Supreme Court · 1943
  3. McVeigh v. BrewerTennessee Supreme Court · 1945
  4. Claim of Johnson v. BriggsAppellate Division of the Supreme Court of the State of New York · 1970
  5. De Mola v. RiccioAppellate Division of the Supreme Court of the State of New York · 1978

4 more not listed; retrieve them via the Exa API.

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