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ALBARRAN v. CITY OF NEW YORK

56 A.D.2d 822 (1977)

Geneva Albarran, as Administratrix of The Estate of Jose M. Albarran, Deceased, Respondent, v. City of New York, Respondent, and Lease Plan, Inc., Appellant

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

March 31, 1977

The allegation against Lease Plan in the complaint is, essentially, that the accident was due to the negligence of a fellow employee of plaintiff's intestate in the handling of a handcart owned by decedent's employer which the fellow employee "in the furtherance of the business" of the employer was using to load a motor vehicle the employer had leased from Lease Plan. When an employee is injured or killed by the negligence or wrong of another in the same employ, the exclusive...

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