Legal Opinion
Cunningham v. State
New York Court of Appeals
Decided November 22, 1983PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
The issue presented in each of these 20 appeals is whether claimants are foreclosed by the finality and exclusive remedy provisions of the Workers’ Compensation Law from maintaining actions against an employer for intentional assault. For the reasons stated below, we conclude that the actions should all be dismissed because either (1) the claimant applied for and received workers’ compensation benefits for the injury in question, or (2) there is a decision of the Workers’ Compensation Board that the *251claimant’s injury was accidental, employment-related, and…
2Cases cited5 opinions
- Werner v. State of New YorkNew York Court of Appeals · 1981
- O'Connor v. MidiriaNew York Court of Appeals · 1982
- Mylroie v. GAF Corp.New York Court of Appeals · 1982
- Maloney v. State of New YorkNew York Court of Appeals · 1957
- Hotaling v. General Electric Co.New York Court of Appeals · 1963
3Cited by55 opinions
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Antoinetta Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Bardere v. ZafirAppellate Division of the Supreme Court of the State of New York · 1984
- Feltt v. OwensAppellate Division of the Supreme Court of the State of New York · 1998
- Derosas v. Rosmarins Land Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2017
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