Legal Opinion

Conroy v. Incorporated Village

New York Supreme Court

Decided February 27, 2014Published

1Opinion of the Court

*610OPINION OF THE COURT

Daniel Palmieri, J.

The motion by the defendant to amend its answer to assert affirmative defenses based on the exclusive remedy of the Workers’ Compensation Law and noncompliance with CPLR 9801 and General Municipal Law § 50-e is granted to the extent that the proposed eighth affirmative defense (Workers’ Compensation Law) may be asserted insofar as it addresses the third cause of action, and is otherwise denied.

Any request for relief not specifically addressed is denied.

The plaintiffs, all former lifeguards at the defendant’s parks, allege that defendant surreptitiously…

2Cases cited22 opinions

  1. Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
  2. Murray v. City of New YorkNew York Court of Appeals · 1977
  3. Brown v. City of New YorkNew York Court of Appeals · 2000
  4. D'Alessandro v. New York City Transit AuthorityNew York Court of Appeals · 1994
  5. Caceras v. ZorbasNew York Court of Appeals · 1989

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