CLINE v. AVERY ABRASIVES


96 Misc.2d 258 (1978)

Robert H. Cline, Plaintiff, v. Avery Abrasives, Inc., et al., Defendants.

Supreme Court, Monroe County.

September 25, 1978


Attorney(s) appearing for the Case

Palmiere, Passero & Crimi (Dominic Pellegrino of counsel), for Hartford Accident & Indemnity Co., defendant. Vincent F. Nolan for plaintiff.


DAVID O. BOEHM, J.

The issue on this motion for summary judgment is apparently one of first impression in New York and raises the question of whether an employee who is injured in the course of his employment may maintain a common-law action for negligence against his employer's workers' compensation insurance carrier for negligent inspection. The answer, of course, depends on whether the insurance carrier is...

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