Legal Opinion
Beltran v. City of New York
New York Supreme Court
Decided September 11, 1998PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Lorraine S. Miller, J.
Third-party defendant, Mulvihill Electrical Contracting Corp. (Mulvihill), moves, pursuant to CPLR 3211, to dismiss the third-party action on the ground that it is barred by the exclusivity provision of Workers’ Compensation Law § 11.
The underlying case is predicated on plaintiff’s claims that he sustained a fracture of the right tibia and fibula on June 13, 1997 while attempting to unload pipe fittings from the back of a truck. At the time of the accident, plaintiff was employed by Mulvihill who was under contract with defendant and third-party…
2Cases cited7 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Dannasch v. BifulcoAppellate Division of the Supreme Court of the State of New York · 1992
- Azzopardi v. American Blower Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Lee v. MaltaisAppellate Division of the Supreme Court of the State of New York · 1998
- Isnardi v. Genovese Drug Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by1 opinion
- Jackson v. Northeast United Corp.New York Supreme Court · 2000