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MATTER OF ARAGONES v. 344 W. 49TH ST. APARTMENT CORP.

195 A.D.2d 673 (1993)

599 N.Y.S.2d 737

In the Matter of the Claim of Rodolfo Aragones, Respondent, v. 344 West 49th Street Apartment Corporation, Appellant, and State Insurance Fund, Respondent. Workers' Compensation Board, Respondent

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

July 1, 1993

Claimant was bitten by a guard dog in 1985 and filed a workers' compensation claim in June 1985. He subsequently commenced a negligence action against various parties including the putative employer based upon the same incident. The defendants in the negligence action moved for summary judgment, claiming that claimant's exclusive remedy was under the Workers' Compensation Law. Supreme Court granted the motion as to all defendants...

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