EANS v. GRAYFORD


278 A.D.2d 194 (2000)

717 N.Y.S.2d 259

BENJAMIN EANS, Appellant, v. ANTHONY GRAYFORD et al., Defendants, and FRANK PELEGRINO, Individually and Doing Business as FRANKS TRUCKING, et al., Respondents.

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

Decided December 4, 2000.


Ordered that the appeal from the order dated February 23, 2000, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated June 29, 1999, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

Having applied for and accepted workers' compensation benefits, the plaintiff forfeited any right he might have had to bring an action grounded in common-law tort against...

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