Legal Opinion

Vercruysse v. Alati

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

Decided November 13, 1980PublishedCited by 5 opinions

1Opinion of the Court

Order unanimously affirmed, with costs. Memorandum: The exclusive remedy provisions of subdivision 6 of section 29 of the Workers’ Compensation Law do not bar an employee who has accepted workers’ compensation benefits from bringing a common-law cause of action against a coemployee who has committed an intentional assault upon him (Maines v Cronomer Val. Fire Dept., 50 NY2d 535; Mazarredo v Levine, 274 App Div 122; cf. Smith v State of New York, 72 AD2d 937). (Appeal from order of Monroe Supreme Court — dismiss complaint.) Present — Simons, J. P., Hancock, Jr., Callahan, Doerr and Moule, JJ.

2Cases cited3 opinions

  1. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  2. Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
  3. Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by5 opinions

  1. Werner v. State of New YorkNew York Court of Appeals · 1981
  2. Christey v. GelyonAppellate Division of the Supreme Court of the State of New York · 1982
  3. Ralph v. OliverAppellate Division of the Supreme Court of the State of New York · 1992
  4. Werner v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  5. Werner v. StateAppellate Division of the Supreme Court of the State of New York · 1980