Rivera v. Mary Immaculate Hospital Ass'n

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (R.E. Rivera, J.), dated March 11, 2002, which granted the defendant’s motion to dismiss the complaint, inter alia, pursuant to CPLR 3211 (a) (7).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In support of that branch of its motion which was to dismiss this action as barred by the exclusivity provisions of the Workers’ Compensation Law, the defendant failed to proffer competent evidence in…