Ralph v. Oliver

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly deferred plaintiff’s negligence cause of action against the coemployee defendant until the Workers’ Compensation Board decides whether the alleged incident occurred in the course of his employment (see, O’Rourke v Long, 41 NY2d 219; Workers’ Compensation Law § 29 [1], [6]). Plaintiff’s cause of action for the intentional tort of assault, however, may be maintained without regard to the pending Workers’ Compensation Board review process. A plaintiff…