MATHER v. GINSROE, INC.


45 Misc.2d 674 (1965)

Carter Mather, Plaintiff, v. Ginsroe, Inc., Defendant.

Supreme Court, Special Term, New York County.

March 4, 1965


Attorney(s) appearing for the Case

Wilson, Spiegelman & Sternin (Jerome L. Spiegelman of counsel), for plaintiff. Goldhaber & Weber (Stanley Goldhaber of counsel), for defendant.


MATTHEW M. LEVY, J.

In this action for personal injuries allegedly caused by the defendant's negligence, the defendant moves for judgment dismissing the complaint (CPLR 3211, subd. [a], par. 2) and (CPLR 3212), upon the ground that the court has no jurisdiction of the subject matter of the action, in that the plaintiff was allegedly an employee of the defendant and the Workmen's Compensation Board had and exercised jurisdiction of the claim. The plaintiff...

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