Rosa v. Quarry Crotona Homes, Inc.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered June 18, 1996, which, in an action by a laborer to recover for personal injuries, insofar as appealed, denied defendant-appellant’s motion for summary judgment dismissing the complaint as barred by the exclusivity provisions of the Workers’ Compensation Law, unanimously affirmed, with costs.

*274The motion court correctly held that because defendant-appellant was named in the Workers’ Compensation Board proceeding and specifically argued therein, through counsel, that it was plaintiff’s employer, it should be collaterally estopped…