MOLINARI v. KAR-SAN DEV.


117 A.D.2d 194 (1986)

Karen V. Molinari, as Executrix of Joseph P. Molinari, Jr., Deceased, Respondent, v. Kar-San Development, Ltd., Appellant, et al., Defendants

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

May 29, 1986


Attorney(s) appearing for the Case

Windels, Marx, Davies & Ives (Anthony A. Dean of counsel), and Coughlin & Gerhart (James P. O'Brien of counsel), for appellant.

Daniel Donnelly (Norman E. Frowley of counsel), for respondent.

Hinman, Howard & Kattell (James L. Chivers of counsel), for City of Oneonta, defendant.

KANE, J. P., MIKOLL and LEVINE, JJ., concur.


CASEY, J.

Since plaintiff seeks to recover damages on account of her husband's death due to injuries sustained in the course of his employment, defendant employer's motion to dismiss, based upon the exclusivity provisions of Workers' Compensation Law § 11, should have been granted. Special Term's order denying the motion must, therefore, be reversed.

Decedent, the vice-president and treasurer of...

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