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FALLONE v. MISERICORDIA HOSP.

23 A.D.2d 222 (1965)

Ralph Fallone, Respondent, v. Misericordia Hospital, Defendant, and Industrial Engineering Co., Appellant

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

May 18, 1965.

Attorney(s) appearing for the Case

Joseph M. Callahan of counsel (Dale A. Welke with him on the brief; George J. Conway, attorney), for appellant.

Benjamin H. Siff of counsel (Saminsky, Olin & Stern, attorneys), for respondent.

BOTEIN, P. J., McNALLY, STEVENS and STEUER, JJ., concur.

VALENTE, J.

Defendant Industrial Engineering Co. (Industrial) appeals from a judgment in plaintiff's favor entered upon a verdict of a jury. The question presented on this appeal is whether workmen's compensation was plaintiff's exclusive remedy which precluded recovery in this action.

Plaintiff was injured on May 2, 1957 when in the course of the construction of certain hospital buildings in Bronx County...

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