ANTHONY v. DOMENICO


12 Misc.2d 573 (1958)

Mary Anthony et al., Plaintiffs, v. Anthony Domenico et al., Doing Business as Domenico & Sons, et al., Defendants.

Supreme Court, Erie County.

August 26, 1958.


Attorney(s) appearing for the Case

M. Robert Koren and John Bertell for defendants.

Samuel Sapowitch for plaintiffs.


MATTHEW J. JASEN, J.

This is a motion by the defendants Domenico to dismiss the complaint upon the grounds that the court lacks jurisdiction of the subject matter of the action. The infant plaintiff is an employee of the defendants and was injured while riding in a truck owned by the defendants which overturned. The defendants have interposed an affirmative defense, claiming that the plaintiffs' sole remedy is under the Workmen's Compensation Law of New...

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