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AMELCO v. BERK

199 A.D.2d 448 (1993)

605 N.Y.S.2d 404

Vincent Amelco et al., Appellants, v. Irving Berk, Respondent

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

December 27, 1993

Ordered that the order is affirmed, with costs.

The defendant is the owner of the facility in which the plaintiff, a coemployee of the defendant, was injured. Under these circumstances, imposing liability upon the defendant pursuant to Labor Law § 241 would be contrary to Workers' Compensation Law § 29 (6), which makes workers' compensation "the exclusive remedy of an employee injured `by the negligence or wrong of another in the same employ'" (Heritage...

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