Heritage v. Van Patten

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

To impose liability upon defendant Van Patten, owner of the land on which plaintiff, a coemployee of Van Patten, *1019was injured, by virtue of section 241 of the Labor Law would be to disregard the express legislative prohibition established by subdivision 6 of section 29 of the Workers’ Compensation Law which makes compensation the exclusive remedy of an employee injured “by the negligence or wrong of another in the same employ.” To paraphrase Williams v Hartshorn (296 NY 49, 50-51): Regardless of…