Masley v. Herlew Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*654In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Giacomo, J.), entered November 6, 2006, which denied their motion for summary judgment dismissing the complaint on the ground that the action is barred by the exclusivity provisions of the Workers’ Compensation Law.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint, since the defendants failed to establish as a matter of law that the plaintiff’s action against them…
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