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Sweeny v. Wait
236 A.D. 875
| N.Y. App. Div. | 1932
|
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Judgment and order reversed upon the law, with costs, and complaint dismissed, with costs, upon the ground that the defendant and her husband were coemployers of the plaintiff; that the accident arose out of and in the course of her employment; that the compensation insurance secured by the husband covered the plaintiff as one of the household servants (Matter of Lipschitz v. Hotel Charles, 226 App. Div. 839; affd., 252 N. Y. 518); and that no issue of fact was tendered by the evidence of the plaintiff that she did not see the notice required to be posted as *876against the positive evidence that notice was posted. Van Kirk, P. J., Hinman and Hill, JJ., concur; Rhodes and Crapser, JJ., dissent and vote to affirm.

Case Details

Case Name: Sweeny v. Wait
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 15, 1932
Citation: 236 A.D. 875
Court Abbreviation: N.Y. App. Div.
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