Felder v. Old Falls Sanitation Co., Inc.

Decision Date17 April 1975
Citation47 A.D.2d 977,366 N.Y.S.2d 687
PartiesJames FELDER, an infant, by his parents and natural guardians, Mattie M. Felder et al., Respondents, v. OLD FALLS SANITATION CO., INC., Appellant, Town Sanitation Co., Inc., et al., Defendants.
CourtNew York Supreme Court — Appellate Division

Appelbaum & Eisenberg, Liberty (Bertram W. Eisenberg, Liberty, of counsel), for appellant.

Gerald Orseck, Liberty, for respondents.

Before HERLIHY, P.J., and GREENBLOTT, KANE, MAIN and LARKIN, JJ.

MEMORANDUM DECISION.

Appeal from an order of the Supreme Court at Special Term, entered September 18, 1974 in Sullivan County, which granted plaintiff's motion for summary judgment against appellant and directed an immediate trial to determine damages, while dismissing the complaint as to the remaining defendants.

During the summary of 1971, the then 14-year-old plaintiff worked as a driver's helper on a garbage truck owned by defendant Old Falls Sanitation Company, Inc. (hereinafter Old Falls). On July 29, 1971 he was severely injured while on a regular collection route when the garbage truck operated by a fellow employee ran over him, crushing his legs. At the time of the accident, Old Falls, along with Mountaindale Sanitation Company, Inc. and defendant Town Sanitation Company, Inc. (hereinafter Town) was engaged in the garbage removal business in Sullivan County. Each corporation had an identical corporate structure, ownership, management and control and used a common, co-ordinated bookkeeping system with allocations for expenses being shared between the corporations at the close of each fiscal year. After the purchase of the three companies by the identical owners their individual routes were consolidated and defendant Ruderman, as Secretary of each of the corporations, was placed in charge of the operation. All employees, including plaintiff, were hired by him and placed on Town's payroll, although they worked on vehicles belonging to each of the three companies.

As a result of his injuries, plaintiff instituted the present action against the defendants, alleging that his hiring was negligent per se since it was in violation of paragraph (r) of subdivision 2 of section 133 of the Labor Law which prohibits the employment of a minor 'as a helper on a motor vehicle'. Thereafter, upon plaintiff's motion for summary judgment on the issue of liability, Special Term dismissed the complaint as to Town and Ruderman and held that plaintiff's sole remedy...

To continue reading

Request your trial
12 cases
  • Rhodes v. Sunshine Min. Co.
    • United States
    • Idaho Supreme Court
    • July 20, 1987
    ...150 Colo. 87, 371 P.2d 269 (1962), and each enjoys the protection of the exclusive remedy provisions, Felder v. Old Falls Sanitation Co., Inc., 47 A.D.2d 977, 366 N.Y.S.2d 687 (1975); Cook v. Peter Kiewit Sons Company, 15 Utah 2d 20, 386 P.2d 616 (1963); Guilbeau v. Liberty Mutual Insurance......
  • Fung v. Japan Airlines Co., Ltd.
    • United States
    • New York Court of Appeals Court of Appeals
    • December 13, 2007
    ...Reynoso v. Kensington Mgt. Servs., 181 A.D.2d 415, 415, 580 N.Y.S.2d 341 [1st Dept.1992] [same]; Felder v. Old Falls Sanitation Co., 47 A.D.2d 977, 366 N.Y.S.2d 687 [3d Dept.1975], affd. 39 N.Y.2d 855, 386 N.Y.S.2d 214, 352 N.E.2d 131 [1976] [employer in joint venture context]; Fallone v. M......
  • Haas v. 653 Leasing Co.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • January 25, 1977
    ...same policy considerations nonetheless apply. Another New York court applied the same principle in Felder v. Old Falls Sanitation Co., Inc., 47 A.D.2d 977, 366 N.Y.S.2d 687 (3d Dep't 1975). In that case, the plaintiff was injured while working on a garbage truck owned by defendant Old Falls......
  • Bulgrin v. Madison Gas & Elec. Co.
    • United States
    • Wisconsin Court of Appeals
    • July 11, 1985
    ...703, 132 N.E.2d 273 (1956); Vincent v. Lake Charles Refining Company, 434 So.2d 170 (La.Ct.App.1983); Felder v. Old Fall Sanitation Co. Inc., 47 A.D.2d 977, 366 N.Y.S.2d 687 (1975); Burk v. Escher, Inc., 397 So.2d 439 ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT