Appellate Division of the Supreme Court of New York, 1921

Lipshitz v. Richard Fitzpatrick, Inc.

Lipshitz v. Richard Fitzpatrick, Inc.
Appellate Division of the Supreme Court of New York · Decided June 15, 1921
197 A.D. 929
Lipshitz v. Richard Fitzpatrick, Inc.

Opinion of the Court

Per Curiam:

The troublesome question involved in this case, namely, who is the master, and so responsible for the negligence of the servant, *930under the doctrine of respondeat superior, has not yet been so settled as to remove a particular case from the realm of uncertainty. The motion for .reargument is denied, and the application for leave to appeal to the Court of Appeals granted. Present—Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. Motion for leave appeal granted.

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