GOLINI v. NACHTIGALL


75 Misc.2d 523 (1973)

Sandra Golini, as Executrix of Ernest Golini, Deceased, Plaintiff, v. Richard Nachtigall, Defendant.

Supreme Court, Trial Term, New York County.

September 20, 1973


Attorney(s) appearing for the Case

Julien Blitz & Schlesinger (Jesse Alan Epstein of counsel), for plaintiff. Martin Clearwater & Bell (William F. Martin of counsel), for defendant.


BURTON S. SHERMAN, J.

The issue for determination is whether workmen's compensation is the exclusive remedy in a medical malpractice and negligence action where it is alleged that plaintiff's intestate was a company employee and the defendant a company physician and therefore fellow-employees. The motion is brought pursuant to subdivision (c) of CPLR 3211 and the affirmative defense of workmen's compensation is pleaded.

The decedent was a chemist...

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