Order unanimously affirmed without costs.
Memorandum:
Plaintiffs commenced this action seeking damages for injuries sustained by Kenneth Cloutier (plaintiff) at his workplace when defendant, a coemployee, grabbed him around the neck. Defendant moved to dismiss the complaint, or alternatively, for summary judgment dismissing the complaint as barred by the exclusivity provisions of Workers' Compensation Law § 29 (6). Supreme Court treated defendant's motion...
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