Bailey v. Montefiore Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated November 19, 2003, which denied its motion for summary judgment dismissing the complaint on the ground that the action is barred by the Workers’ Compensation Law.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff was placed in the defendant’s medical facility as a nursing assistant by her general employer, Excel Staffing, which paid her salary and maintained workers’…
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