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VAUGHN v. CITY OF NEW YORK

108 Misc.2d 994 (1980)

Alberta Vaughn et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Trial Term, New York County.

December 30, 1980

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Joyce Rachel Ellman of counsel), for defendant. Blume & Easton (Robert S. Blume of counsel), and Levidow & Levidow for plaintiffs.

BETTY W. ELLERIN, J.

At issue on this application by the defendant City of New York for leave to amend its answer is whether an employee of the New York City Health and Hospitals Corporation who has received workmen's compensation for personal injuries suffered while on the job is thereby precluded from suing to recover damages from the City of New York for its alleged negligence in causing such injuries.

The instant action was commenced against...

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