Raphael v. Sun Oil Co.

Appellate Division of the Supreme Court of New York

Raphael v. Sun Oil Co.

214 A.D.2d 720, 625 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 4527

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

DecidedApril 24, 1995

StatusPublished

Cited by2 cases

This text of 214 A.D.2d 720 (Raphael v. Sun Oil Co.) 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

Raphael v. Sun Oil Co., 214 A.D.2d 720, 625 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 4527 (N.Y. Ct. App. 1995).

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Opinion

In an action to recover damages for [721]*721personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Barone, J.), dated December 8, 1993, which granted the motion of the defendants Nagle Oil Corporation and B & J Service of New York Corporation to dismiss the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

The determination of the Workers’ Compensation Board that Nagle Oil Corporation and B & J Service of New York Corporation were the employers of the plaintiff Eric Raphael is final and binding (see, O’Connor v Midiria, 55 NY2d 538; Santiago v Dedvukaj, 167 AD2d 529) and precludes the plaintiffs from maintaining this action against them (see, Workers’ Compensation Law § 11).

The plaintiffs’ remaining contention is without merit. Thompson, J. P., Santucci, Joy and Friedmann, JJ., concur.

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In an action to recover damages for [721]*721personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Barone, J.), dated December 8, 1993, which granted the motion of the defendants Nagle Oil Corporation and B & J Service of New York Corporation to dismiss the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

The determination of the Workers’ Compensation Board that Nagle Oil Corporation and B & J Service of New York Corporation were the employers of the plaintiff Eric Raphael is final and binding (see, O’Connor v Midiria, 55 NY2d 538; Santiago v Dedvukaj, 167 AD2d 529) and precludes the plaintiffs from maintaining this action against them (see, Workers’ Compensation Law § 11).

The plaintiffs’ remaining contention is without merit. Thompson, J. P., Santucci, Joy and Friedmann, JJ., concur.

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Bluebook (online)

214 A.D.2d 720, 625 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 4527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raphael-v-sun-oil-co-nyappdiv-1995.

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