CHIRIBOGA v. EBRAHIMOFF


281 A.D.2d 353 (2001)

722 N.Y.S.2d 533

FRANKLIN CHIRIBOGA, Respondent, v. JOEL A. EBRAHIMOFF, Appellant.

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

Decided March 29, 2001.


Plaintiff parking garage attendant was seriously injured when a co-worker, who was in the process of parking defendant's car, backed into him, injuring both legs. Although such work-related injury was covered by the Workers' Compensation Law, plaintiff brought this action against defendant.

In denying defendant's motion for summary judgment, the IAS court held that even though plaintiff cannot directly sue his co-worker or his employer, he can sue defendant who is...

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