McDOUGLE v. WILSON


9 Misc.2d 820 (1958)

Chester McDougle, Plaintiff, v. Dorothy Wilson et al., Defendants.

Supreme Court, Special Term, Erie County.

February 24, 1958.


Attorney(s) appearing for the Case

John P. Cox for Howard Waters, defendant.

Dimitri J. Tzetzo for plaintiff.

Francis R. Whitcher for Dorothy Wilson, defendant.


REGIS O'BRIEN, J.

Motions by defendant Howard Waters, first, for an order allowing him to serve an amended answer pursuant to section 245 of the Civil Practice Act, and, second, for an order dismissing the complaint upon the ground that plaintiff's sole remedy is under the Workmen's Compensation Law. The second motion will be considered first.

The action has been brought to recover for injuries arising out of an automobile accident which is alleged...

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