Ventrone v. Tarancki

Full title: ANTHONY VENTRONE, Respondent, v. EDWARD P. TARANCKI et al., Appellants

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

Date published: May 15, 1969

32 A.D.2d 738 (N.Y. App. Div. 1969)

302 N.Y.S.2d 108

Opinion

May 15, 1969

Appeal from the Onondaga Special Term.

Present — 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).