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FIRESTEIN v. KINGSBROOK

137 A.D.2d 34 (1988)

Helene Firestein et al., Respondents, v. Kingsbrook Jewish Medical Center et al., Appellants, et al., Defendants

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

May 9, 1988

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer (Eric A. Portuguese and Steven B. Prystowsky of counsel), for Kingsbrook Jewish Medical Center, appellant.

Gordon & Silber, P. C. (David Henry Sculnick of counsel), for Carol Scott, appellant.

Weicholz & Peters (Richard Goldstein on the brief), for respondents.

MOLLEN, P. J., LAWRENCE and KOOPER, JJ., concur.

BRACKEN, J.

The question presented for our determination is whether the plaintiff Helene Firestein's application for, and acceptance of, workers' compensation benefits preclude her from bringing a separate common-law action to recover damages based on subsequent acts of negligence committed by a coemployee which resulted in the aggravation of the work-related injury...

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