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ZABAVA v. 178 EAST 78, INC.

212 A.D.2d 406 (1995)

622 N.Y.S.2d 42

Frank Zabava et al., Appellants, v. 178 East 78, Inc., Respondent

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

February 9, 1995

The IAS Court properly determined that the workers' compensation benefits were plaintiff's exclusive remedy. Initially, it is noted that the IAS Court overlooked the fact that the Workers' Compensation Board's determination that defendant was plaintiff's employer at the time of the accident is final and binding (Santiago v Dedvukaj, 167 A.D.2d 529). Thus, having accepted workers' compensation benefits from defendant, plaintiff is...

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