D'ANOFRIO v. HATTEN


25 Misc.2d 346 (1960)

Nicholas L. D'Anofrio, Plaintiff, v. Arie V. Hatten, Defendant.

Supreme Court, Special Term, Dutchess County.

August 12, 1960.


Attorney(s) appearing for the Case

Leo Ritter for plaintiff. John J. Mulvey for defendant.


SAMUEL W. EAGER, J.

In an action grounded in negligence to recover damages for personal injuries, defendant moves for summary judgment dismissing the complaint on the ground that plaintiff's sole and exclusive remedy is that afforded by the Workmen's Compensation Law. It appears that there has been no administrative determination of the question, as plaintiff has not made a claim for workmen's compensation. Therefore, the motion here may be granted only...

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