Opinion
May 13, 1953.
Appeal from Supreme Court.
Present — Foster, P.J., Brewster, Coon, Halpern and Imrie, JJ.
The complaint is laid in negligence arising out of an automobile accident. Defendant's contention on the motion was that both parties were employees of the General Electric Company, engaged in the course of their employment at the time the accident happened, and that plaintiff's sole remedy was under the Workmen's Compensation Law. The Special Term held that an issue of fact was presented as to whether plaintiff was acting within the scope of his employment at the time the accident occurred. Order unanimously affirmed, with $10 costs.