Bogutski v. Board of Education

Appellate Division of the Supreme Court of New York

Bogutski v. Board of Education

167 A.D.2d 987, 562 N.Y.S.2d 3, 1990 N.Y. App. Div. LEXIS 14346

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 987 (Bogutski v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogutski v. Board of Education, 167 A.D.2d 987, 562 N.Y.S.2d 3, 1990 N.Y. App. Div. LEXIS 14346 (N.Y. Ct. App. 1990).

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Opinion

Order unanimously affirmed without costs. Memorandum: The negligence action brought for injuries received by plaintiff Angelina Bogutski during the course of her employment by the Board of Education of the City of New York is barred by Workers’ Compensation Law §§ 11, 29 (6). The individual defendant, a custodian-engineer appointed by the Board of Education pursuant to the provisions of the Civil Service Law (see, Education Law § 2503 [5]; § 2509 [4]), is also an employee of the Board of Education (see, Beck v Board of Educ., 268 App Div 644, 648-649, affd 295 NY 717). Thus, plaintiff is barred by Workers’ Compensation Law §29 (6) from maintaining this action for negligence against the individual defendant, her coemployee. (Appeal from order of Supreme Court, Kings County, Hutcherson, J.—summary judgment.) Present— Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Order unanimously affirmed without costs. Memorandum: The negligence action brought for injuries received by plaintiff Angelina Bogutski during the course of her employment by the Board of Education of the City of New York is barred by Workers’ Compensation Law §§ 11, 29 (6). The individual defendant, a custodian-engineer appointed by the Board of Education pursuant to the provisions of the Civil Service Law (see, Education Law § 2503 [5]; § 2509 [4]), is also an employee of the Board of Education (see, Beck v Board of Educ., 268 App Div 644, 648-649, affd 295 NY 717). Thus, plaintiff is barred by Workers’ Compensation Law §29 (6) from maintaining this action for negligence against the individual defendant, her coemployee. (Appeal from order of Supreme Court, Kings County, Hutcherson, J.—summary judgment.) Present— Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Bluebook (online)

167 A.D.2d 987, 562 N.Y.S.2d 3, 1990 N.Y. App. Div. LEXIS 14346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogutski-v-board-of-education-nyappdiv-1990.

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