Legal Opinion
Nunez v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2004PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about October 14, 2003, which denied defendants-appellants’ motion to amend their answer to assert a Workers’ Compensation Law defense and for summary judgment dismissing the complaint, and granted plaintiffs’ cross motion to serve an amended bill of particulars to allege a violation of Vehicle and Traffic Law § 388 (1), unanimously affirmed, without costs.
Even if plaintiffs injury was caused in some measure by the negligence of his coworker, the Workers’ Compensation Law defense is not applicable to shield defendant…
2Cases cited5 opinions
- Argentina v. Emery World Wide Delivery Corp.New York Court of Appeals · 1999
- Rauch v. JonesNew York Court of Appeals · 1958
- Christiansen v. Silver Lake Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Chiriboga v. EbrahimoffAppellate Division of the Supreme Court of the State of New York · 2001
- Kobre v. United Jewish Appeal-Federation of Jewish Philanthropies of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by1 opinion
- Martinez v. Hitachi Construction Machinery Co.New York Supreme Court · 2006