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MYLROIE v. GAF CORP.

55 N.Y.2d 893 (1982)

Sarah V. Mylroie, Appellant, v. Gaf Corporation, Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1982.

Attorney(s) appearing for the Case

Henry Neal Conolly for appellant.

George F. Carpinello for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG and MEYER concur; Judges GABRIELLI and JONES taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.

We would only add that by accepting an award of workers' compensation benefits, plaintiff forfeited the right to maintain an action at law on the theory of intentional tort. (Werner v State of New York, 53 N.Y.2d 346.)

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