ORZECHOWSKI v. WARNER CO.


92 A.D.2d 110 (1983)

Tadeusz Orzechowski et al., Plaintiffs, and John Bimbo et al., Appellants, v. Warner-Lambert Company et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 1983


Attorney(s) appearing for the Case

Schekter, Aber, Rishty, Goldstein & Schechter, P. C. for appellant James Curry and Witchel & Abraham, P. C. for appellant John Bimbo (Milton M. Witchel and Neil Goldstein of counsel).

McHugh, Leonard & O'Conor for respondents Warner-Lambert and another, Arkin & Arisohn, P. C. for respondents Arthur Kraft and another and Andrew M. Lawler, Jr., for respondents James O'Mahoney and another (James M. Leonard, Denis C. McMahon, Arthur T. Cambouris and Dennis E. Milton of counsel).

WEINSTEIN, NIEHOFF and RUBIN, JJ., concur.


GULOTTA, J. P.

The principal issue raised on this appeal is whether the underlying causes of action against the plaintiffs' employer and certain of their coemployees are barred by the "finality" and "exclusivity" provisions of the Workers' Compensation Law (Workers' Compensation Law, §§ 11, 23, 29). In our view, this question must be answered in the affirmative and the complaints dismissed as against...

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