Legal Opinion
Martinkowski v. Carborundum Co.
New York Supreme Court
Decided February 24, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Norman A. Stiller, J.
This is a motion brought by defendant, the Carborundum Company/Electro-Mineral Division, for an order pursuant to CPLR 3211 (subd [a], pars 1, 7) dismissing the plaintiff’s complaint. While requesting that this court treat its motion as one for summary judgment under CPLR 3211 (subd [c]), Carborundum submits that the complaint should be dismissed because the plaintiff’s decedent died as a result of accidental injuries sustained in the course of his employment so that the remedy provided by the Workers’ Compensation Law is the plaintiff’s exclusive…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Finch v. SwinglyAppellate Division of the Supreme Court of the State of New York · 1973
- Werner v. StateAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by2 opinions
- Conway v. Circus Circus Casinos, Inc.Nevada Supreme Court · 2000
- Davis v. Rockwell International Corp.District Court, N.D. Ohio · 1984