¶1Judgment unanimously affirmed, without costs. Memorandum: It is not necessary for the determination of this appeal to determine the status of appellant. Having been adjudicated guilty of negligence, he has no cause of action against the respondent, either as employee or independent contractor. (Appeal from judgment of Erie Special Term in action on default judgment.) Present—Marsh, P. J., Moule, Cardamone, Mahoney and Goldman, JJ.
46 A.D.2d 723
Davis v. Wilson Freight Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-10-24
Decided 1974-10-24