Balamos v. Elmhurst Realty Co. I

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Agate, J.), entered January 14, 2008, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants Savino Maintenance, LLC, and Michael J. Savino Management.

Ordered that the order is affirmed insofar as appealed from, with costs.

Workers’ Compensation Law §§11 and 29 (6) provide that an employee who elects to receive compensation benefits may not…