Babcock v. Lamb

Order unanimously reversed on the *904law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint in this personal injury action. Plaintiff seeks to avoid the exclusivity provisions of the Workers’ Compensation Law by alleging that defendant was neither his employer nor a coemployee and that defendant’s act of negligence in supplying a van with defective tires was not the act of a coemployee. In support of his motion for summary judgment, defendant submitted deposition testimony and other…