Legal Opinion

Fung v. Japan Airlines Co.

New York Court of Appeals

Decided December 13, 2007PublishedCited by 101 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In this consolidated negligence action, we are required to consider the relationship between the exclusive remedy provisions of Workers’ Compensation Law §§ 11 and 29 (6), and principles of agency. Specifically, we are asked whether Japan Airlines Management Corp. (JAMC), as the Port Authority of New York and New Jersey’s (Port Authority) putative managing agent, may benefit from the exclusive remedy defense in an action by plaintiff Brent Fung, a Port Authority employee, against JAMC. In a related action, Fung seeks to recover damages against Aero Snow Removal…

2Cases cited18 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
  3. Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
  4. Bynog v. Cipriani Group, Inc.New York Court of Appeals · 2003
  5. Heritage v. Van PattenNew York Court of Appeals · 1983

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3Cited by101 opinions

  1. Hart v. Rick's Cabaret International Inc.District Court, S.D. New York · 2013
  2. General Star National Insurance v. Universal Fabricators, Inc.Court of Appeals for the Second Circuit · 2009
  3. Samuel v. Fourth Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. Rudloff v. Woodland Pond Condominium Ass'nAppellate Division of the Supreme Court of the State of New York · 2013
  5. Knox v. Sodexho America, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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