Heriveaux v. Baker

Appellate Division of the Supreme Court of New York

Heriveaux v. Baker

193 A.D.2d 580, 598 N.Y.S.2d 960, 1993 N.Y. App. Div. LEXIS 4533

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1993·Published

Opinion

In an action to recover damages for personal injury, the defendant appeals from so much of an order of the Supreme Court, Queens County (Rutledge, J.), dated January 30, 1991, as denied her motion for summary judgment.

[581]*581Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defendant’s current showing is insufficient to demonstrate that the plaintiff’s exclusive remedy lies under the Workers’ Compensation Law. Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

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In an action to recover damages for personal injury, the defendant appeals from so much of an order of the Supreme Court, Queens County (Rutledge, J.), dated January 30, 1991, as denied her motion for summary judgment.

[581]*581Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defendant’s current showing is insufficient to demonstrate that the plaintiff’s exclusive remedy lies under the Workers’ Compensation Law. Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

Heriveaux v. Baker, 193 A.D.2d 580, 598 N.Y.S.2d 960, 1993 N.Y. App. Div. LEXIS 4533 (N.Y. Ct. App. 1993).

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