Cortez v. Horizons Investors Corp.

"It has consistently been held that the immunity from civil liability under Workers’ Compensation Law § 29 (6) for a tort committed by the victim’s coemployee is limited to acts or omissions of the tortfeasor within the scope of his or her employment” (Cusano v Staff, 191 AD2d 918, 919; see also, Maines v Cronomer Val. Fire Dept. 50 NY2d 535).

In this case, defendant Benjamin Fernandez, as president of Bronx Manor Hotel Corp., was a coemployee of plaintiff, who was employed by that entity as a maintenance worker. However, there are questions of fact as to whether Fernandez was acting within…