KENNY v. BACOLO


61 N.Y.2d 642 (1983)

Henry Kenny et al., Plaintiffs, v. James Bacolo et al., Defendants, and Martin L. Horowitz, Defendant and Third-Party Plaintiff-Appellant. Atlantic Repair Co., Inc., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1983.


Attorney(s) appearing for the Case

Alexander J. Wulwick, Louis G. Adolfsen and Salvatore A. Mazzoni for defendant and third-party plaintiff-appellant.

Raymond C. Green for Atlantic Repair Co., Inc., third-party defendant-respondent.

William F. Larkin and John P. Connors for Decker Tank & Equipment Co. and another, third-party defendants-respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The question certified is not answered, as unnecessary.

The Longshoremen's and Harbor Workers' Compensation Act provides that an employer's obligation to compensate an employee under the act "shall be exclusive and in place of all other liability of such employer to the employee * * * and anyone otherwise entitled to recover damages from...

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