Legal Opinion
Riggins v. Stong
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 2 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint on the ground that the action is barred by the exclusivity provisions of the Workers’ Compensation Law (see, Workers’ Compensation Law § 11). Where, as here, an employee applies for and accepts workers’ compensation benefits, he is deemed to have elected his remedy and thereby forfeits his right to proceed by way of common-law tort (see, Cunningham v State of New York, 60 NY2d 248; Mera v Adelphi Mfg. Co., 160 AD2d 781, 782; Martin v…
2Cases cited5 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Cunningham v. StateNew York Court of Appeals · 1983
- Mera v. Adelphi Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Martin v. CasagrandeAppellate Division of the Supreme Court of the State of New York · 1990
- Adams v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- PRESTON, TRACY v. APCH, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- Babcock v. LambAppellate Division of the Supreme Court of the State of New York · 1998