Kerr v. John B. Pike & Son, Inc.

Appellate Division of the Supreme Court of New York

Kerr v. John B. Pike & Son, Inc.

112 A.D.2d 21, 490 N.Y.S.2d 387, 1985 N.Y. App. Div. LEXIS 50656

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

DecidedJune 4, 1985

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 112 A.D.2d 21 (Kerr v. John B. Pike & Son, Inc.) 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

Kerr v. John B. Pike & Son, Inc., 112 A.D.2d 21, 490 N.Y.S.2d 387, 1985 N.Y. App. Div. LEXIS 50656 (N.Y. Ct. App. 1985).

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Opinion

Order unanimously affirmed, without costs. Memorandum: Summary judgment was properly granted to defendant. The identity of plaintiff Renford Kerr’s employer was an issue of fact determined by the Workers’ Compensation Board by notice of decision designating the partnership as his employer, and plaintiff’s recourse is to seek administrative review of the Board’s determination (see, O’Rourke v Long, 41 NY2d 219). Alternatively, plaintiff Renford Kerr has accepted workers’ compensation benefits, awarded to him after a hearing, and plaintiffs cannot collaterally attack that award in an action at law (see, Smith v State of New York, 91 AD2d 1181, affd 59 NY2d 718). (Appeal from order of Supreme Court, Monroe County, Finnerty, J. — summary judgment.) Present — Dillon, P. J., Boomer, Green, Pine and Schnepp, JJ.

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Order unanimously affirmed, without costs. Memorandum: Summary judgment was properly granted to defendant. The identity of plaintiff Renford Kerr’s employer was an issue of fact determined by the Workers’ Compensation Board by notice of decision designating the partnership as his employer, and plaintiff’s recourse is to seek administrative review of the Board’s determination (see, O’Rourke v Long, 41 NY2d 219). Alternatively, plaintiff Renford Kerr has accepted workers’ compensation benefits, awarded to him after a hearing, and plaintiffs cannot collaterally attack that award in an action at law (see, Smith v State of New York, 91 AD2d 1181, affd 59 NY2d 718). (Appeal from order of Supreme Court, Monroe County, Finnerty, J. — summary judgment.) Present — Dillon, P. J., Boomer, Green, Pine and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 21, 490 N.Y.S.2d 387, 1985 N.Y. App. Div. LEXIS 50656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-john-b-pike-son-inc-nyappdiv-1985.

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