JOHNSON v. GEORGE J. WALDIE TOWING CO.


25 A.D.2d 537 (1966)

Einar L. Johnson, Respondent, v. George J. Waldie Towing Co., Appellant, et al., Defendant

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

February 14, 1966


Order, insofar as appealed from, reversed, without costs; appellant's motion for summary judgment granted; and complaint dismissed as against appellant, without costs.

The action is accordingly severed as to appellant. Appellant interposed the defense that plaintiff is precluded from recovery in this action on the ground that a prior award for his injuries had been made by the New York State Industrial Board under the provisions of the Workmen's Compensation Law which...

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