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KAWECKI v. McALLISTER

221 A.D.2d 597 (1995)

635 N.Y.S.2d 36

Joseph S. Kawecki et al., Appellants, v. Guy J. McAllister, Respondent

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

November 27, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

There is no dispute that the vehicle which struck the plaintiff Joseph S. Kawecki was driven by a co-employee, the defendant, and that the accident occurred on their employer's premises. The defendant moved to dismiss the complaint on the ground that the action was barred by the Workers' Compensation Law (see, Workers' Compensation Law §...

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