SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
May 15, 1969
ANTHONY VENTRONE, RESPONDENT,
EDWARD P. TARANCKI ET AL., APPELLANTS
Appeal from order of Onondaga Special Term granting motion to dismiss defense of Workmen's Compensation Law.
Goldman, P. J., Marsh, Witmer, Bastow and Henry, JJ.
Order unanimously affirmed, without costs. Memorandum: The alleged tortious act upon which plaintiff bases his cause of action was independent of and not related to the common employment of the parties to the action. The fact that the act occurred upon the employer's premises (cf. Doyle v. Jennings, 31 A.D.2d 608) is not controlling because of the intervention of the over-riding and independent alleged wrongful conduct of defendants which had no relationship to common employment (cf. Matter of Marks v. Freeman Bus Corp., 28 A.D.2d 751).
© 1998 VersusLaw Inc.