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Warner v. New York Central Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 1965
23 A.D.2d 642 (N.Y. App. Div. 1965)

Opinion

March 9, 1965


Order, entered on May 19, 1964, unanimously reversed, on the law, and the first, separate and complete defense reinstated, with $30 costs and disbursements to the appellant. In reinstating the defense of release we do not reach or pass upon the merits of such defense. We say only, in the posture of the pleading on the record before us, we cannot conclude as a matter of law the inclusion of the pass provision in the bargaining contract with the plaintiff's union represents a part of the defendant's obligation for services rendered or to be rendered by plaintiff and could not be considered a possible gratuity. The nature of the pass and the scope of employment with respect to the pass and the injury complained of, as indicated by the pleadings, raise triable factual issues.

Concur — Rabin, J.P., Valente, McNally, Stevens and Steuer, JJ. [ 43 Misc.2d 848.]


Summaries of

Warner v. New York Central Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 1965
23 A.D.2d 642 (N.Y. App. Div. 1965)
Case details for

Warner v. New York Central Railroad Company

Case Details

Full title:CLARENCE J. WARNER, Respondent, v. NEW YORK CENTRAL RAILROAD COMPANY…

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

Date published: Mar 9, 1965

Citations

23 A.D.2d 642 (N.Y. App. Div. 1965)

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