Legal Opinion
Ortiz v. Lynch
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 2013PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered November 5, 2012, which, to the extent appealed from, granted plaintiffs motion for summary judgment on the issue of liability, and denied defendant’s cross motion to dismiss the complaint, unanimously affirmed, without costs.
Defendant contends that workers’ compensation benefits are plaintiffs exclusive remedy for the injuries he sustained when he was struck by the truck defendant was driving (see Workers’ Compensation Law § 29 [6]). However, issues of fact exist whether the parties were “acting within the scope of their…
2Cases cited5 opinions
- MacChirole v. GiamboiNew York Court of Appeals · 2001
- Garcia v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Bennett v. BergerAppellate Division of the Supreme Court of the State of New York · 2001
- Bukharetsky v. Court Street Office Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- GILL, CHRISTOPHER v. BRAASCH, DONALD J.Appellate Division of the Supreme Court of the State of New York · 2012
3Cited by6 opinions
- Drummond v. PerezAppellate Division of the Supreme Court of the State of New York · 2017
- Ifafore v. LebronAppellate Division of the Supreme Court of the State of New York · 2013
- Ifafore v. LebronAppellate Division of the Supreme Court of the State of New York · 2013
- Portalatin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Scime v. Hale Northeastern Inc.Appellate Division of the Supreme Court of the State of New York · 2023
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