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Ulrich v. Terminal Operating Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1947
271 App. Div. 930 (N.Y. App. Div. 1947)

Opinion

January 20, 1947.

Present — Lewis, P.J., Hagarty, Adel, Aldrich and Nolan, JJ. [ 186 Misc. 145.]


The plaintiff's infant ward, a fourteen-year-old boy, was employed at the defendant's inn as a bus boy during the school vacation period. He held a valid work permit. He was injured in the course of his employment. All the defendant's employees were covered by workmen's compensation insurance. The defendant moved for summary judgment dismissing the complaint on the ground that this action, which is in negligence and for loss of services, does not lie. The plaintiff resisted the motion on the ground that no employer-employee relationship ever existed, inasmuch as the boy, it is asserted, was allowed on premises where wine and liquor are sold and that such presence of the boy was in violation of section 484 of the Penal Law. Order granting motion for summary judgment, and the judgment entered thereon, unanimously affirmed, with $10 costs and disbursements. No opinion.


Summaries of

Ulrich v. Terminal Operating Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1947
271 App. Div. 930 (N.Y. App. Div. 1947)
Case details for

Ulrich v. Terminal Operating Corp.

Case Details

Full title:JOHN ULRICH, Individually and as Guardian ad Litem of JACK ULRICH, an…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 1947

Citations

271 App. Div. 930 (N.Y. App. Div. 1947)