Legal Opinion

Seebeck v. Finetta

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

Decided January 27, 1992PublishedCited by 1 opinion

1Opinion of the Court

The plaintiff Roseanne Seebeck and the defendant, coemployees, were both acting in the course of their mutual employment when the defendant’s automobile struck Roseanne (see, Matter of Husted v Seneca Steel Serv., 41 NY2d 140; Kunze v Jones, 6 AD2d 888, affd 8 NY2d 1152; Smithline v Ghessi, 25 AD2d 841; Pantolo v Lane, 185 Misc 221). Summary judgment was properly granted in favor of the defendant since workers’ compensation is the exclusive remedy available to the injured plaintiff (see, Workers’ Compensation Law § 29 [6]). Mangano, P. J., Bracken, Lawrence and Rosenblatt, JJ., concur.

2Cases cited4 opinions

  1. Pantolo v. LaneNew York Supreme Court · 1945
  2. Kunze v. JonesNew York Court of Appeals · 1960
  3. Kunze v. JonesAppellate Division of the Supreme Court of the State of New York · 1958
  4. Smithline v. GhessiAppellate Division of the Supreme Court of the State of New York · 1966

3Cited by1 opinion

  1. Fackler v. GenetzkyNebraska Supreme Court · 1999