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LAVIGNA v. CAPITAL CITIES/ABC, INC.

257 A.D.2d 470 (1999)

683 N.Y.S.2d 536

ROBERT LAVIGNA et al., Appellants, v. CAPITAL CITIES/ ABC, INC., et al., Respondents, et al., Defendant. ABC, INC., Formerly Known as CAPITAL CITIES/ABC, INC., et al., Third-Party Plaintiffs-Respondents, v. J.T. FALK & COMPANY, INC., Third-Party Defendant-Respondent.

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

Decided January 19, 1999.

Plaintiffs have failed to raise a triable issue of fact concerning plaintiff Robert LaVigna's employment with defendant Capital Cities/ABC, Inc., and indeed affirmatively asserted in a prior, discontinued Federal action that LaVigna was employed by the company. That being the case, Lavigna's claims against Capital Cities were properly dismissed as barred by the exclusivity rule of Workers' Compensation Law § 11 (see, Gonzales v Armac Indus., 81...

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