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TAKACS v. FOOD STOP MKTS., INC.

61 A.D.2d 917 (1978)

Bernhard P. Takacs, an Infant, by His Mother and Natural Guardian, Rita Takacs, et al., Appellants, v. Food Stop Markets, Inc., et al., Respondents, et al., Defendants Drackett Products Company et al., Third-Party Plaintiffs, v. Attila Takacs, Third-Party Defendant

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

March 14, 1978

We do not interpret O'Rourke v Long (41 N.Y.2d 219) as requiring a stay of a judicial proceeding, pending resolution of a plaintiff's employment status by the Workmen's Compensation Board, in the absence of a workmen's compensation claim or proceeding. The infant plaintiff has never asserted a workmen's compensation claim for the injuries which he alleges he sustained on August 6, 1971. In such circumstances, the court is a jurisdictionally...

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