Rarick v. Samal Construction Co.

OPINION OF THE COURT

Lawrence E. Kahn, J.

In the above-captioned personal injury litigation, defendant moves for summary judgment dismissing the complaint upon the ground that the cause of action has no merit, and is barred by the applicable provisions of the Workers’ Compensation Law. At issue is whether a violation of sections 200 and *954241 of the Labor Law constitutes, as a matter of law, an intentional tort.

The complaint in the case at bar alleges that plaintiff Brian Rarick was acting within the scope of his employment with defendant at the time he sustained the injuries for which he…