Workermen’s Compensation-Third-Party Actions-Employer’s Recovery on an Implied Warranty
Plaintiff seeks to recover the amount of a workmen’s compensation award paid to his employee as a result of injuries received when an exhaust valve malfunctioned causing a press which the employee was operating to double-trip. Defendant, an independent parts supplier who had sold plaintiff the valve, moved to dismiss the complaint because of insufficiency of evidence to sustain the verdict and plaintiff’s legal incapacity to sue. On appeal from an order denying the motion to dismiss, held, affirmed, one judge dissenting. Plaintiff has two independent causes of action, one against the manufacturer on an assigned negligence theory, and another against the supplier for breach of implied warranty of fitness, the damages in either case to be measured by the amount of compensation the employer paid to his employee. General Aniline & Film Corp. v. A. Schrader & Son, 13 App. Div. 2d 359, 215 N.Y.S.2d 861 (1961) (per curiam).