Connell v. Brink

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court should have denied defendant’s motion for summary judgment dismissing the complaint. Defendant failed to establish, as a matter of law, that plaintiffs negligence cause of action against him, a coemployee, is barred by the exclusivity provisions of Workers’ Compensation Law § 29 (6). To have the protection of that statute, a defendant must himself have been in the course of his employment at the time of the injury (see, Maines v Cronomer Val. Fire Dept., 50 NY2d 535, 543).…