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JONES v. UTILS. PAINTING CORP.

198 A.D.2d 268 (1993)

603 N.Y.S.2d 773

Richard P. Jones et al., Respondents, v. Utilities Painting Corporation, Defendant and Third-Party Plaintiff. Consolidated Edison Co., Third-Party Defendant-Appellant

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

November 8, 1993

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was to amend the complaint to add a cause of action to recover damages for future medical surveillance costs and emotional distress against Consolidated Edison Co. is denied.

We find that the cause of action in question is barred under Workers' Compensation Law § 11 (see, Cifolo...

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