Virga v. Medi-Tech International Corp.

In an action to recover damages for personal injuries, etc., the de*547fendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated January 9, 2002, which denied its motion for summary judgment dismissing the complaint as barred by the exclusivity provisions of the Workers’ Compensation Law and, upon searching the record, granted the plaintiffs summary judgment striking that affirmative defense.

Ordered that the order is affirmed, with costs.

On the record presented, there is no basis for disregarding the evidence demonstrating that the injured plaintiffs employer and the…