Appellate Division of the Supreme Court of New York, 1948

Shaller v. Gotham Sanitarium, Inc.

Shaller v. Gotham Sanitarium, Inc.
Appellate Division of the Supreme Court of New York · Decided March 15, 1948
273 A.D. 883; 78 N.Y.S.2d 363; 1948 N.Y. App. Div. LEXIS 5120
Shaller v. Gotham Sanitarium, Inc.

Opinion of the Court

The applicability of the Workmen’s Compensation Law and the separate defenses to the causes of action alleged in the complaint cannot satisfactorily be determined in this case on the motion addressed to the pleadings, but should await the development of the facts at the trial. Order denying the motion to strike the separate defenses unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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