Franco v. Carriel

In an action to recover damages for personal injuries, the defendants Sean E Carriel and Jacquelin C. Lopez appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered October 1, 2007, as, in effect, denied that branch of their motion which was pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against the defendant Jacquelin C. Lopez on the ground that it is barred by the exclusivity provisions of the Workers’ Compensation Law.

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

On August 26,…