LO BOSCO v. CHARLES ROSEN & SON, INC.


31 A.D.2d 825 (1969)

James Lo Bosco, Respondent, v. Charles Rosen & Son, Inc., et al., Appellants

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

February 17, 1969


No opinion.

Brennan, Acting P. J., and Hopkins, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum:

The question is whether plaintiff was a coemployee of defendant Sheldon Rosen at the time of the accident by which he sustained his injuries. Admittedly, plaintiff was in the employ of Boker, Inc., and Sheldon Rosen was usually in the employ of defendant Charles Rosen & Son, Inc. Hence, the question may...

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