Kinsey v. William Spencer & Son Corp.

Action to recover damages for personal injuries. The important question in the case is raised by defendants’ claim that defendant Scotto was the ad hoc employee of a third party. Judgment and order affirmed, with costs. There was ample evidence to warrant a finding by the jury that at the time of the accident defendant Scotto was in the corporate defendant’s employ. Lazansky, P. J., Carswell and Davis, JJ., concur; Close, J., concurs as to the appellant Scotto, but dissents and votes to reverse and to dismiss the complaint as to appellant William Spencer & Son Corporation, with the following…