Gyory v. Radgowski

OPINION OF THE COURT

Victor J. Orgera, J.

This motion to dismiss the second affirmative defense of defendants alleging that plaintiffs’ exclusive remedy is under the Workers’ Compensation Law and for summary judgment, or, in the alternative, restoring the action to the Trial Calendar is denied.

Plaintiff Frank Gyory and defendant Radgowski, as employees of Fairchild Hiller, were sent to Ohio on their employer’s business. While there, Gyory was injured when the car rented by the employer from defendant Hertz and driven by Radgowski ran off the road. The employer’s workers’ compensation carrier…