Scimeca v. Town of Babylon

Appellate Division of the Supreme Court of New York

Scimeca v. Town of Babylon

108 A.D.2d 848, 485 N.Y.S.2d 351, 1985 N.Y. App. Div. LEXIS 43173

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1985·Published·Cited by 2 cases

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Corso, J.), dated July 13, 1983, which granted defendants’ motion for summary judgment and dismissed the complaint, and denied plaintiffs’ cross motion for leave to increase their ad damnum clause.

Order affirmed, without costs or disbursements.

Plaintiff Leonard Scimeca has applied for and received workers’ compensation benefits. Accordingly, he and his spouse are precluded from recovering damages in an action at law to recover for injuries sustained in the course of his employment as a result of a coemployee’s alleged negligence (see, Workers’ Compensation Law §§ 11, 29 [6]; Burgos v City of New York, 98 AD2d 788).

We have reviewed plaintiffs’ remaining contentions and find them to be without merit. Weinstein, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Corso, J.), dated July 13, 1983, which granted defendants’ motion for summary judgment and dismissed the complaint, and denied plaintiffs’ cross motion for leave to increase their ad damnum clause.

Order affirmed, without costs or disbursements.

Plaintiff Leonard Scimeca has applied for and received workers’ compensation benefits. Accordingly, he and his spouse are precluded from recovering damages in an action at law to recover for injuries sustained in the course of his employment as a result of a coemployee’s alleged negligence (see, Workers’ Compensation Law §§ 11, 29 [6]; Burgos v City of New York, 98 AD2d 788).

We have reviewed plaintiffs’ remaining contentions and find them to be without merit. Weinstein, J. P., Brown, Niehoff and Lawrence, JJ., concur.

Scimeca v. Town of Babylon, 108 A.D.2d 848, 485 N.Y.S.2d 351, 1985 N.Y. App. Div. LEXIS 43173 (N.Y. Ct. App. 1985).

Pincite

108 A.D.2d 848 (Scimeca v. Town of Babylon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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