New York Court of Appeals

Westchester Lighting Company, Respondent v. Westchester County Small Estates Corporation, Appellant

May 24, 1938278 N.Y. 175

Summary

The New York Court of Appeals held that the Workmen's Compensation Law does not bar Westchester Lighting Company's indemnity claim against Westchester County Small Estates Corporation. The Court found the statutory provisions insufficient as a defense because the plaintiff is not suing for damages "on account of" the employee's death but for breach of an independent duty owed to it. The order of the lower court was affirmed.