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O'BRIEN v. ASHLEY

202 A.D.2d 944 (1994)

609 N.Y.S.2d 460

Palmira L. O'Brien et al., Respondents, v. Daniel F. Ashley et al., Appellants

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

March 31, 1994

In this personal injury action involving employees of the New York State Division of Military and Naval Affairs, defendants sought summary judgment on the basis that plaintiffs' claim is barred by the exclusivity provisions of Workers' Compensation Law § 29 (6). In our view, Supreme Court correctly denied this motion. Defendants failed to demonstrate as a matter of law for purposes of this motion that plaintiff Palmira L....

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