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BRADLEY v. FRAZIER

17 A.D.2d 235 (1962)

Claudia Bradley, Respondent, v. Anne Frazier, Appellant. (Action No. 1.) Claudia Bradley et al., Respondents, v. Anne Frazier et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1962.

Attorney(s) appearing for the Case

Booth & Booth (Robert T. Booth of counsel), for appellants.

O'Connell & Wolfe (Louis E. Wolfe of counsel), for respondents.

BERGAN, P. J., COON, GIBSON and TAYLOR, JJ., concur.

HERLIHY, J.

In this negligence action the preliminary issue submitted to the jury was the defendants' affirmative defense that the parties to the accident were coemployees and that they were acting in the course of their employment at the time of the accident and that said accident arose out of their employment and the common-law negligence action was barred as a matter of law. (Workmen's Compensation Law, &...

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