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CUNNINGHAM v. STATE OF NY

60 N.Y.2d 248 (1983)

Helen T. Cunningham, Individually and as Administratrix of The Estate of Edward T. Cunningham, Deceased, Appellant, v. State of New York, Respondent. (And 19 Other Actions.)

Court of Appeals of the State of New York.

Decided November 22, 1983.

Attorney(s) appearing for the Case

Eugene C. Tenney for appellants.

Robert Abrams, Attorney-General (Peter J. Dooley and Peter H. Schiff of counsel), for respondent.

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

KAYE, J.

The issue presented in each of these 20 appeals is whether claimants are foreclosed by the finality and exclusive remedy provisions of the Workers' Compensation Law from maintaining actions against an employer for intentional assault. For the reasons stated below, we conclude that the actions should all be dismissed because either (1) the claimant applied for and received workers' compensation benefits...

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