SELIGMAN v. GERLACH


28 Misc.2d 632 (1961)

David Seligman, Plaintiff, v. Edward J. Gerlach, Defendant.

Supreme Court, Special Term, Nassau County.

April 20, 1961


Attorney(s) appearing for the Case

McCarthy & McGrath for defendant. Julius Wolfson for plaintiff.


BERNARD S. MEYER, J.

Motion for leave to amend the answer to plead the defense that, plaintiff and defendant being civilian employees of the United States and the accident having occurred within the premises of Mitchell Air Force Base, the action is barred by the Federal Employees' Compensation Act of September 7, 1916. Motion denied. In a case governed by New York's Workmen's Compensation Law such a defense would be sufficient. (Rauch v. Jones

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