SAMBA v. DELLIGARD


116 A.D.2d 563 (1986)

Terri Samba, Individually and as Administratrix of The Estate of Oumar Samba, Deceased, et al., Respondents, v. Julius Delligard, Jr., et al., Defendants, and Nice Jewish Boy, Inc., Appellant

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

January 13, 1986


Order reversed, insofar as appealed from, on the law, with costs, and so much of defendant Nice Jewish Boy, Inc.'s motion is granted dismissing the complaint pursuant to CPLR 3212.

As determined by the Workers' Compensation Board, plaintiffs' decedents were killed as a result of injuries they sustained in an automobile accident which occurred during the course of their employment with defendant Nice Jewish Boy, Inc. That finding of accidental death is binding between...

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