BERNARDO v. HEIMROTH


72 A.D.2d 633 (1979)

Anthony Di Bernardo, as Administrator of The Estate of Carlo A. Di Bernardo, Deceased, Respondent, v. John D. Heimroth, Defendant and Third-Party Plaintiff-Respondent, and Edward L. Van Kampen, Third-Party Defendant. Clinton Steuerwald, Individually and Doing Business as Barnwell Nursing Home, Inc., Third-Party Defendants-Appellants

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

October 18, 1979


This proceeding was before this court upon a prior appeal by the plaintiff, and the decision therein established that the plaintiff had pleaded a cause of action against defendant Heimroth for "negligence in the maintenance and rental of a defective vehicle" which was not subject to the defense of subdivision 6 of section 29 of the Workers' Compensation Law (Di Bernardo v Heimroth, 58 A.D.2d 344, 347). Following that decision, the...

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