Appellate Division of the Supreme Court of New York, 1962

Bergen v. Supreme Decorating Corp.

Bergen v. Supreme Decorating Corp.
Appellate Division of the Supreme Court of New York · Decided April 23, 1962
16 A.D.2d 681; 1962 N.Y. App. Div. LEXIS 10174
Bergen v. Supreme Decorating Corp.

Opinion of the Court

In an action to recover damages for personal injuries sustained by plaintiff when he fell from a ladder because a rung broke, plaintiff appeals from an order of the Supreme Court, Kings County, dated November 7, 1960, which granted the motion of the corporate defendants, Supreme and Hass, to serve an amended answer pleading affirmative defenses by Supreme to the effect that workmen’s compensation is plaintiff’s exclusive remedy on the alternative grounds that he was a regular employee of Supreme or a special employee of Supreme, or that he was injured by the negligence of a fellow employee. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

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