Vercruysse v. Alati
Appellate Division of the Supreme Court of the State of New York
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
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
- Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Christey v. GelyonAppellate Division of the Supreme Court of the State of New York · 1982
- Ralph v. OliverAppellate Division of the Supreme Court of the State of New York · 1992
- Werner v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Werner v. StateAppellate Division of the Supreme Court of the State of New York · 1980