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SCIMECA v. TOWN OF BABYLON

108 A.D.2d 848 (1985)

Leonard Scimeca et al., Appellants, v. Town of Babylon et al., Respondents

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

February 19, 1985

Order affirmed, without costs or disbursements.

Plaintiff Leonard Scimeca has applied for and received workers' compensation benefits. Accordingly, he and his spouse are precluded from recovering damages in an action at law to recover for injuries sustained in the course of his employment as a result of a coemployee's alleged negligence (see, Workers' Compensation Law §§ 11, 29 [6]; Burgos v City of New York, 98 A.D.2d 788...

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