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HERMANCE v. CIFONE

147 A.D.2d 835 (1989)

James E. Hermance, Sr., Appellant, v. John Cifone, Doing Business as Cifone Construction Company, Respondent

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

February 16, 1989

Mercure, J.

Plaintiff commenced this action under Labor Law § 240 (1) to recover for injuries sustained in a work-related accident. Defendant asserted as an affirmative defense that plaintiff's exclusive remedy was under the Workers' Compensation Law. During the pendency of the action, plaintiff applied for workers' compensation benefits. After a hearing, a Workers' Compensation Law Judge determined that the accident arose out of plaintiff's employment...

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