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ANTHONY VENTRONE v. EDWARD P. TARANCKI ET AL. (05/15/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1969.NY.41547 <http://www.versuslaw.com>; 302 N.Y.S.2d 108; 32 A.D.2d 738 May 15, 1969 ANTHONY VENTRONE, RESPONDENT,v.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.


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).

19690515

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