Chowdhury v. 390 Fifth

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 29, 2002, which granted *561the motion of the defendant West 36 News and Grocery for summary judgment dismissing the complaint insofar as asserted against it without prejudice to the plaintiff commencing a proceeding against that defendant before the Workers’ Compensation Board and denied his cross motion for summary judgment against that defendant on his second cause of action to recover damages pursuant to Workers’ Compensation Law § 11.

Ordere…