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DAVIS v. VANTAGE HOMES, INC.

99 A.D.2d 919 (1984)

James Davis, Respondent, v. Vantage Homes, Inc., Defendant, and Telecom Equipment Corporation, Appellant

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

February 23, 1984

This is an action for personal injuries sustained by plaintiff on July 20, 1982 during the course of his employment with Telecom Equipment Corporation. Telecom moved to dismiss the complaint on the grounds that plaintiff's exclusive remedy was workers' compensation (see Workers' Compensation Law, § 29, subd 6). Special Term concluded that the pleadings created an issue of fact in regard to the exclusive remedy. Plaintiff has now informed the court that after reading...

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