VACCARO v. H. R. H. CONSTR. CORP.


31 A.D.2d 798 (1969)

Savario Vaccaro et al., Appellants, v. H. R. H. Construction Corp., Defendant-Respondent and Third-Party Plaintiff. D'Aquila Bros. Contracting Co., Inc., Third-Party Defendant

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

February 18, 1969


Judgment entered June 12, 1968 is reversed on the law and the matter is remanded for a new trial, with costs to abide the event. In this personal injury action the court dismissed the complaint at the end of the plaintiff's case. The court, in effect, found that the defendant "H. R. H. Construction Company [was] the employer of these men at the time" of the accident, thus limiting plaintiffs' remedy in relation to H. R. H. to a workmen's compensation claim. In our opinion...

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