Legal Opinion

Campbell v. Malik

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2011Published

1Opinion of the Court

The Supreme Court should have granted that branch of the motion of the defendants City of New York and New York City Police Department (hereinafter together the city defendants) which was for summary judgment dismissing the complaint insofar as asserted against them. The city defendants established their prima facie entitlement to judgment as a matter of law by showing that the plaintiff applied for and accepted workers’ compensation benefits for her injuries arising out of the subject accident (see Workers’ Compensation Law § 11; Stewart v Glory Bee Realty Mgt. Corp., 10 AD3d 648, 650…

2Cases cited7 opinions

  1. Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
  2. Cortes v. WhelanAppellate Division of the Supreme Court of the State of New York · 2011
  3. Torre v. SchmuckerAppellate Division of the Supreme Court of the State of New York · 2000
  4. Lunsford v. SchaffnerAppellate Division of the Supreme Court of the State of New York · 1992
  5. Joazard v. JoazardAppellate Division of the Supreme Court of the State of New York · 2011

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