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Reilly v. Kroeger

117 A.D.2d 848, 498 N.Y.S.2d 549, 1986 N.Y. App. Div. LEXIS 53122
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 6, 1986
StatusPublished

This text of 117 A.D.2d 848 (Reilly v. Kroeger) 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
Reilly v. Kroeger, 117 A.D.2d 848, 498 N.Y.S.2d 549, 1986 N.Y. App. Div. LEXIS 53122 (N.Y. Ct. App. 1986).

Opinion

—Levine, J.

Appeal from three orders and judgments of the Supreme Court at Special Term (Hughes, J.), entered December 19, 1984 in Albany County, which granted defendants’ motions to dismiss the complaints.

In our view, Special Term correctly concluded that plaintiffs exclusive remedy with respect to the decisions made by a panel of the Workers’ Compensation Board is by way of direct appeal (Workers’ Compensation Law § 23; Matter of Bock v Cooperman, 89 AD2d 539, affd 59 NY2d 776).

Moreover, even if plaintiff had the right to sue members of the Board for their acts or omissions in their official capacities, the complaints herein fail to state a cause of action for any recovery by plaintiff as a third-party beneficiary of alleged contracts of employment between such Board members and the State of New York (see, Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d 314, 336; Moch Co. v Rensselaer Water Co., 247 NY 160, 168).

Orders and judgments affirmed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Related

MATTER OF BOCK v. Cooperman
59 N.Y.2d 776 (New York Court of Appeals, 1983)
H. R. Moch Co. v. Rensselaer Water Co.
159 N.E. 896 (New York Court of Appeals, 1928)
Burns Jackson Miller Summit & Spitzer v. Lindner
451 N.E.2d 459 (New York Court of Appeals, 1983)
Bock v. Cooperman
89 A.D.2d 539 (Appellate Division of the Supreme Court of New York, 1982)

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Bluebook (online)
117 A.D.2d 848, 498 N.Y.S.2d 549, 1986 N.Y. App. Div. LEXIS 53122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reilly-v-kroeger-nyappdiv-1986.