HARMON v. CORLEAN REALTY CO., INC.


78 A.D.2d 634 (1980)

Henry R. Harmon et al., Appellants, v. Corlean Realty Co., Inc., Respondent

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

October 6, 1980


Order affirmed, with $50 costs and disbursements, for the reasons set forth in the memorandum decision of Mr. Justice Pittoni at Trial Term.

We would add, however, that plaintiffs' contention that subdivision 6 of section 29 of the Workers' Compensation Law does not bar this action insofar as it is based on a theory of respondeat superior, rather than on section 388 of the Vehicle and Traffic Law, need not be resolved in this case since the stipulated facts...

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