Cloutier v. Longo

—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Kenneth Cloutier (plaintiff) at his workplace when defendant, a coemployee, grabbed him around the neck. Defendant moved to dismiss the complaint, or alternatively, for summary judgment dismissing the complaint as barred by the exclusivity provisions of Workers’ Compensation Law § 29 (6). Supreme Court treated defendant’s motion as one for summary judgment pursuant to CPLR 3211 (c) and properly denied the motion. Defendant met his initial burden by his affidavit in…