Legal Opinion
Mylroie v. GAF Corp.
New York Court of Appeals
Decided February 9, 1982PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.
We would only add that by accepting an award of workers’ compensation benefits, plaintiff forfeited the right to maintain an action at law on the theory of intentional tort. (Werner v State of New York, 53 NY2d 346.)
Chief Judge Cooke and Judges Jasen, Wachtler, Fuchsberg and Meyer concur; Judges Gabrielli and Jones taking no part.
Order affirmed, without costs, in a memorandum.
2Cases cited1 opinion
- Werner v. State of New YorkNew York Court of Appeals · 1981
3Cited by26 opinions
- Cunningham v. StateNew York Court of Appeals · 1983
- Orzechowski v. Warner-Lambert Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Pereira v. St. Joseph's CemeteryAppellate Division of the Supreme Court of the State of New York · 2008
- Fucile v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Shea v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1993
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