Appellate Division of the Supreme Court of the State of New York

Newman v. Robins Dry Dock & Repair Co.

201 A.D. 861

March 15, 1922

Queued for AI processing — next in lineest. ~136 min

Opinion

Order dismissing complaint reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the complaint, liberally construed in the interests of substantial justice, would admit evidence that the defendant was engaged in the performance of a maritime contract, viz., the repair of a steamship, and that, therefore, the Workmen’s Compensation Law did not enter into the contract of employment of the plaintiff.* Blaokmar, P. J., Kelly, Manning and Young, JJ., concur; Jaycox, J., dissents and votes to affirm on the opinion of Mr. Justice Kapper at Special Term.

See 117 Misc. Rep. 426; Code Civ. Proc. § 519; now Civ. Prac. Act, § 275.— [Rep.

426 ; Code Civ.Proc.§ 519; now Civ.Prac.Act, § 275. — [Rep.