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Van Winkle v. Kiley

117 A.D.2d 734, 499 N.Y.S.2d 369, 1986 N.Y. App. Div. LEXIS 53009
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 1986
StatusPublished

This text of 117 A.D.2d 734 (Van Winkle v. Kiley) 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
Van Winkle v. Kiley, 117 A.D.2d 734, 499 N.Y.S.2d 369, 1986 N.Y. App. Div. LEXIS 53009 (N.Y. Ct. App. 1986).

Opinion

—In an action, inter alia, to recover damages for personal injuries and wrongful death, plaintiff appeals from so much of an order of the Supreme Court, Richmond County, dated May 16, 1985, as (1) denied her motion to strike the second affirmative defense of the defendants Kiley and Fogarty that plaintiff’s exclusive remedy was workers’ compensation, and (2) granted the cross motion of the defendants for summary judgment dismissing the first, second and third causes of action of the complaint.

Order affirmed insofar as appealed from, with costs, for reasons stated by Justice Felig at Special Term (see also, Heritage v Van Patten, 59 NY2d 1017, 1018-1019; Samba v Delligard, 116 AD2d 563). Mangano, J. P., Niehoff, Rubin and Kunzeman, JJ., concur.

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Related

Heritage v. Van Patten
453 N.E.2d 1247 (New York Court of Appeals, 1983)
Samba v. Delligard
116 A.D.2d 563 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
117 A.D.2d 734, 499 N.Y.S.2d 369, 1986 N.Y. App. Div. LEXIS 53009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-winkle-v-kiley-nyappdiv-1986.