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BELTRAN v. NYC

178 Misc.2d 547 (1998)

681 N.Y.S.2d 192

Joseph Beltran, Plaintiff, v. City of New York et al., Defendants. New York City Transit Authority, Third-Party Plaintiff, v. Mulvihill Electrical Contracting Corp., Third-Party Defendant.

Supreme Court, New York County.

September 11, 1998

Attorney(s) appearing for the Case

Goldberg & Carlton, New York City, for third-party defendant. Wallace Gossett, Brooklyn, for New York City Transit Authority, defendant and third-party plaintiff. Michael D. Hess, Corporation Counsel, for City of New York, defendant. Cardali & Cardali, New York City, for plaintiff.

LORRAINE S. MILLER, J.

Third-party defendant, Mulvihill Electrical Contracting Corp. (Mulvihill), moves, pursuant to CPLR 3211, to dismiss the third-party action on the ground that it is barred by the exclusivity provision of Workers' Compensation Law § 11.

The underlying case is predicated on plaintiff's claims that he sustained a fracture of the right tibia and fibula on June 13, 1997 while attempting...

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