Walsh v. Consolidated Edison Co.

Full title: TIMOTHY WALSH, Respondent, v. CONSOLIDATED EDISON CO., Appellant

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

Date published: Jan 22, 1996

223 A.D.2d 641 (N.Y. App. Div. 1996)

637 N.Y.S.2d 319

Opinion

January 22, 1996

Appeal from the Supreme Court, Rockland County (Miller, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly refused to find that the defendant and the plaintiff's employer were engaged in a joint venture (see generally, Natuzzi v Rabady, 177 A.D.2d 620; Yonofsky v Wernick, 362 F. Supp. 1005). Therefore, under the circumstances of this case, the Supreme Court properly found that the defendant was not entitled to benefit from the immunity to suit conferred by the Workers' Compensation Law. Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.