Summary
In Casey v. Shane (248 N.Y. 625), an order of the Special Term granting plaintiff's motion to strike out the same defense in an action of this kind was affirmed on the authority of the Clark case, since it was shown that the subcontractor had secured compensation.
Summary of this case from Sweezey v. Arc Electrical Construction Co.Opinion
Submitted June 21, 1928
Decided July 19, 1928
Appeal from the Supreme Court, Appellate Division, Third Department.
F. Ferris Hewitt for appellant.
Harry E. Wareham for respondents.
Judgment of Appellate Division reversed and order of Special Term affirmed, with costs in the Appellate Division and in this court on the authority of Clark v. Monarch Engineering Co. ( 248 N.Y. 107).
Concur: CARDOZO, Ch. J., POUND, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ. Not sitting: CRANE, J.