Moakler v. Blanco’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[1] The record does not present any issue of fact necessitating a trial. Regardless of whether defendants’ or plaintiff’s version of the events is believed, there is no indication that the revolver was discharged as a result of a willful or intentional act. Not only did the defendants contend that the gun was accidentally discharged, but plaintiff also stated in his examination before trial, that the accident occurred while Blanco was ‘fooling around with the gun’. Indeed, the complaint and the bill of particulars rest upon allegations of negligence and do not allege an intentional act. Accordingly, since it was established that the injuries arose out of and in the course of employment (see Brozovich v. Hotel Pennsylvania, 259 N.Y. 514 , 182 N.E. 160 ; Lang v. Franklin Ry. Supply Co., 272 App.Div. 988 , 73 N.Y.S.2d 1 ) through a co-employee’s negligence, Workmen’s Compensation is the exclusive remedy and plaintiff is barred from suit against the employer or the fellow-employee (Workmen’s Compensation Law § 29, subd. 6; Naso v. Lafata, 4 N.Y.2d 585, 589 , 176 N.Y.S.2d 622, 625 , 152 N.E.2d 59, 61 ; Garcia v. Iserson, 42 A.D.2d 776 , 346 N.Y.S.2d 572 ; Geller v. Sherman, 48 Misc.2d 1049 , 266 N.Y.S.2d 671 , aff’d 28 A.D.2d 959 , 282 N.Y.S.2d 937 , aff’d 21 N.Y.2d 976 , 290 N.Y.S.2d 204 , 237 N.E.2d 364 ). “[2] Additionally, since a Workmen’s Compensation award was made, such constitutes a finding that plaintiff’s injuries arose out of and in the course of employment and is bin”

   1 later decision quote this exact passage
   e.g. Stine v. Weiner