Hanford v. Plaza Packaging Corp.

Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered March 26, 2002, which, in this action for intentional infliction of emotional distress, granted defendant-respondent’s motion for summary judgment dismissing the complaint as against him, affirmed, without costs.

The motion court properly held that since the Workers’ Compensation Board had determined plaintiffs injury to be accidental, plaintiff was barred under the doctrine of res judicata from bringing an intentional tort claim against the fellow employee who caused the injury (see Bardere v Zafir, 102 AD2d 422, 425 [1984],…