MONTEVERDE v. DELTA INT'L MACH. CORP.


215 A.D.2d 240 (1995)

626 N.Y.S.2d 187

Joseph Monteverde, Appellant, v. Delta International Machinery Corp. et al., Defendants, and F. Sgroi Construction Company, Respondent. (And Two Third-Party Actions.)

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

May 16, 1995


Notwithstanding that it was defendant-respondent, not plaintiff, who signed the application for workers' compensation benefits, plaintiff's acceptance of such benefits in an amount in excess of $50,000 after the Workers' Compensation Board determined that he was defendant's employee at the time of the accident estops him from now claiming he was not defendant's employee (see, Zabava v 178 E. 78, 212 A.D.2d 406

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