Weiner v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balkin, J.
The principal issue on this appeal is whether a New York City emergency medical technician injured in the line of duty on municipal property because of alleged defects in those premises may maintain an action against his municipal employer under General Municipal Law § 205-a despite his eligibility for workers’ compensation benefits. In determining this issue, we must resolve the tension between Workers’ Compensation Law § 11, which provides that an employer’s liability under the Workers’ Compensation Law “shall be exclusive and in place of any other liability…
2Cases cited24 opinions
- People v. TurnerNew York Court of Appeals · 2005
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Santangelo v. State of NYNew York Court of Appeals · 1988
- Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
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3Cited by6 opinions
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- Dumervil v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2018
- Kaba v. Hope Home CareDistrict Court, E.D. New York · 2023
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