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WOJCIK v. ALUMINUM CO. OF AMER.

18 Misc.2d 740 (1959)

Joseph Wojcik, Individually and as Guardian ad Litem of Linda Wojcik and Others, Infants, et al., Plaintiffs, v. Aluminum Company of America, Defendant.

Supreme Court, Special Term, Erie County.

March 17, 1959.

Attorney(s) appearing for the Case

Lawless, Offermann & Fallon (William B. Lawless of counsel), for defendant.

Sigmund Schwartz for plaintiffs.

REGIS O'BRIEN, J.

This is a motion for an order to dismiss the first cause of action of the plaintiff, Joseph Wojcik, individually, as alleged in paragraphs First through Thirteenth of the complaint. It is made under rule 107 of the Rules of Civil Practice, upon the ground that the court has no jurisdiction of the subject matter of the action. Defendant claims that the plaintiff's exclusive remedy is under the Workmen's Compensation Law.

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