Levine v. City of Yonkers

Appellate Division of the Supreme Court of New York

Levine v. City of Yonkers

269 A.D.2d 571, 704 N.Y.S.2d 828, 2000 N.Y. App. Div. LEXIS 2122

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

DecidedFebruary 28, 2000

StatusPublished

This text of 269 A.D.2d 571 (Levine v. City of Yonkers) 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

Levine v. City of Yonkers, 269 A.D.2d 571, 704 N.Y.S.2d 828, 2000 N.Y. App. Div. LEXIS 2122 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for negligent supervision, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered April 2, 1999, as granted that branch of the defendants’ motion which was for summary judgment [572]*572dismissing the complaint pursuant to CPLR 3212 insofar as asserted against the defendant Yonkers Board of Education.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that this action insofar as asserted, against the Yonkers Board of Education was barred by the exclusivity of the Workers’ Compensation remedy (see, Workers’ Compensation Law § 11). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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—In an action to recover damages for negligent supervision, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered April 2, 1999, as granted that branch of the defendants’ motion which was for summary judgment [572]*572dismissing the complaint pursuant to CPLR 3212 insofar as asserted against the defendant Yonkers Board of Education.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that this action insofar as asserted, against the Yonkers Board of Education was barred by the exclusivity of the Workers’ Compensation remedy (see, Workers’ Compensation Law § 11). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

269 A.D.2d 571, 704 N.Y.S.2d 828, 2000 N.Y. App. Div. LEXIS 2122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-city-of-yonkers-nyappdiv-2000.

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