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  5. 51 N.Y.2d 152 (1980)
 

BILLY v. CONSOL. MACH.

51 N.Y.2d 152 (1980)

Mildred A. Billy, as Executrix of Joseph M. Billy, Jr., Deceased, Appellant, v. Consolidated Machine Tool Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Robert J. Michael and Jay M. Friedman for appellant.

Thomas C. Burke for respondents.

Robert Abrams, Attorney-General (Stanley Fishman and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge MEYER dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

GABRIELLI, J.

As a general rule, when an employee is injured in the course of his employment, his sole remedy against his employer lies in his entitlement to a recovery under the Workers' Compensation Law (Workers' Compensation Law, § 11). In our previous decisions, we have adhered strictly to this basic rule and have declined to recognize exceptions, even when the liability is purportedly premised upon...

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