Legal Opinion

French v. Shaft

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

Decided October 2, 1989PublishedCited by 4 opinions

1Opinion of the Court

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered March 24, 1988, which is in favor of the defendants and against her dismissing the complaint.

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that where an employee has been awarded, and has accepted, workers’ compensation benefits, she may not claim that the accident in which she was injured did not occur in the course of her employment and maintain an action against her employer or any…

2Cases cited5 opinions

  1. Heritage v. Van PattenNew York Court of Appeals · 1983
  2. Cunningham v. StateNew York Court of Appeals · 1983
  3. Mylroie v. GAF Corp.New York Court of Appeals · 1982
  4. Heritage v. PattenAppellate Division of the Supreme Court of the State of New York · 1982
  5. Velasquez v. Pine Grove Resort Ranch, Inc.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by4 opinions

  1. Torre v. SchmuckerAppellate Division of the Supreme Court of the State of New York · 2000
  2. DiSpigna v. Lutheran Medical Center ParkingAppellate Division of the Supreme Court of the State of New York · 1991
  3. Turner v. Gannett Suburban NewspaperAppellate Division of the Supreme Court of the State of New York · 1999
  4. Wysocki v. BalalisAppellate Division of the Supreme Court of the State of New York · 2002

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