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WIRTH v. ROYAL COACH LINES, INC.

111 A.D.2d 809 (1985)

Peter Wirth, Appellant, v. Royal Coach Lines, Inc., et al., Respondents

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

June 10, 1985

Order affirmed, with costs.

The record fails to provide an adequate basis from which it can be determined whether the plaintiff was engaged in the course of his employment when the accident occurred. A more extensive development of the facts is necessary, and thus the plaintiff's motion was properly denied (Cherney v Blair Chevrolet, 18 A.D.2d 915; Wolfson v Gershunoff, 277 App Div 1149). If it is unable to conclusively...

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