Legal Opinion
DiSpigna v. Lutheran Medical Center Parking
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1991PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), entered January 2, 1989, which denied her motion to strike the defendant’s affirmative defense and granted the defendant’s cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Having applied for and accepted workers’ compensation benefits, the plaintiff forfeited any right she might have had to bring an action grounded in common-law tort against her employer and therefore the Supreme Court properly…
2Cases cited5 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Daniels v. Zelco, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Levensen v. Berkey Professional Processing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Mera v. Adelphi Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1990
- French v. ShaftAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- Gagliardi v. TrappAppellate Division of the Supreme Court of the State of New York · 1995
- Christiansen v. Silver Lake Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Talcove v. Buckeye Pipe Line Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Eans v. GrayfordAppellate Division of the Supreme Court of the State of New York · 2000