Hyperlawhypertext legal databasebeta Felder v. Old Falls Sanitation Co. 39 N.Y.2d 855

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Felder v. Old Falls Sanitation Co.

39 N.Y.2d 855 Court N.Y. Decision date 1976-06-02 English

Contents

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p. 855
James Felder, an infant, by His Parents and Natural Guardians, Mattie M. Felder and Another, et al., Appellants, v Old Falls Sanitation Co., Inc., Respondent, et al., Defendants.
Argued April 26, 1976;
decided June 2, 1976
p. 856
Gerald Orseck for appellants.
Bertram W. Eisenberg for respondent.

Memorandum. The order of the Appellate Division should be affirmed.

On the record before us, in consequence of admissions in the pleadings and facts stated in the affidavits we must take it as established that the two defendant corporations were engaged in a joint venture. In this circumstance the infant plaintiff was an employee of both defendants and as such is relegated to his remedy under the Workmen’s Compensation Law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.