Plaintiff, an attorney employed by defendant, was injured at about the noon hour on October 19, 1996, when she allegedly tripped and fell on a defective sidewalk in lower Manhattan. In this ensuing negligence action, defendant raised, inter alia, the affirmative defense that the action was barred because workers' compensation was plaintiff's sole and exclusive remedy.
In deciding these motions, Supreme Court erroneously undertook to determine (in plaintiff...
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