Mazarredo v. Levine

On this motion by the corporate defendant for summary judgment dismissing the complaint there is presented the question of the right of an employee to sue his employer at common law for damages resulting from an intentional injury inflicted by a manager of defendant’s store, while acting within the scope of his authority. Defendant asserts that since it has obtained workmen’s compensation insurance, and the alleged assault was committed by a fellow employee, then under subdivision 6 of section 29 of the Workmen’s Compensation Law, plaintiff ’s right to compensation is the exclusive remedy of…