Bird v. New York State Thruway Authority

Full title: PAUL H. BIRD, Respondent, v. NEW YORK STATE THRUWAY AUTHORITY, Appellant…

Court: Court of Appeals of the State of New York

Date published: Apr 26, 1962

182 N.E.2d 811 (N.Y. 1962)

182 N.E.2d 811

228 N.Y.S.2d 466

Opinion

Argued April 2, 1962

Decided April 26, 1962

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, BERNARD RYAN, J.

Louis J. Lefkowitz, Attorney-General ( M. James Conboy of counsel), for appellant.

John T. DeGraff, John E. Holt-Harris, Jr., and John T. DeGraff, Jr., for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, BURKE and FOSTER. Judges DYE and VAN VOORHIS dissent and vote to reverse and to dismiss the claim upon the ground that plaintiff was a special employee of appellant.