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ESTUPINAN v. CLEANERAMA DRIVE-IN CLNRS.

38 A.D.2d 353 (1972)

Elba D. Estupinan, Individually and as Administratrix of The Estate of Francisco Estupinan, Respondent, v. Cleanerama Drive-in Cleaners, Inc., Appellant, et al., Defendants

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

March 6, 1972.

Attorney(s) appearing for the Case

Jayne & McNerney (Thomas Grimes and William C. Jayne of counsel), for appellant.

Dweck & Sladkus (Jack S. Dweck, Harvey I. Sladkus and Stephen B. Schulman of counsel), for respondent.

CHRIST and BRENNAN, JJ., concur with GULOTTA, J.; HOPKINS, Acting P. J., concurs in result, with a separate opinion, in which BENJAMIN, J., concurs.

GULOTTA, J.

This appeal brings up for review the sufficiency of a complaint in which the plaintiff, as administratrix of the estate of Francisco Estupinan, seeks to recover from the decedent's employer, defendant Cleanerama Drive-In Cleaners, Inc., damages sustained by reason of an assault committed by defendant John Bellasario, a fellow employee, resulting in the decedent's death.

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