Legal Opinion
Botwinick v. Ogden
New York Court of Appeals
Decided June 16, 1983PublishedCited by 89 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with direction to defer disposition of appellants’ motion to *911dismiss the complaint until final resolution of a prompt application to determine the rights if any of respondents to benefits under the provisions of the Workers’ Compensation Law.
In O’Rourke v Long (41 NY2d 219)* we held that primary jurisdiction with respect to determinations as to the applicability of the Workers’ Compensation Law has been vested in the Workers’ Compensation Board and that…
2Cases cited2 opinions
- Garcia v. IsersonNew York Court of Appeals · 1974
- Golini v. NachtigallNew York Court of Appeals · 1975
3Cited by89 opinions
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Decavallas v. PappantoniouAppellate Division of the Supreme Court of the State of New York · 2002
- Suburban Hospital, Inc. v. KirsonCourt of Appeals of Maryland · 2000
- Unger v. Continental Assurance Co.Illinois Supreme Court · 1985
- Manetta v. Town of Hempstead Day Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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