Oben v. Charmer Industries, Inc.

In an action to recover damages, in effect, for negligence, the defendant Charmer Industries, Inc., appeals from an order of *792the Supreme Court, Queens County (O’Donoghue, J.), dated October 3, 2005, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, with costs, and the motion of the defendant Charmer Industries, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.

“While an intentional tort may give rise to a cause of action outside the ambit of the Workers’…