Legal Opinion

Billy v. Consolidated Machine Tool Corp.

New York Court of Appeals

Decided October 21, 1980PublishedCited by 249 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

As a general rule, when an employee is injured in the course of his employment, his sole remedy against his employer lies in his entitlement to a recovery under the Workers’ Compensation Law (Workers’ Compensation Law, § 11). In our previous decisions, we have adhered strictly to this basic rule and have declined to recognize exceptions, even when the liability is purportedly premised upon conduct of the employer acting in a capacity other than that of employer (e.g., Williams v Hartshorn, 296 NY 49; Winter v Doelger Brewing Co., 175 App Div 796, affd without…

2Cases cited17 opinions

  1. Reed v. the YakaSupreme Court of the United States · 1963
  2. Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
  3. Murray v. City of New YorkNew York Court of Appeals · 1977
  4. Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
  5. Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936

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3Cited by249 opinions

  1. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Lyon v. BarrettSupreme Court of New Jersey · 1982
  3. Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
  4. Gurry v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1990
  5. William Wrigley Jr. Co. v. WatersCourt of Appeals for the Second Circuit · 1989

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