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MEDRANO v. PRITCHARD INDUSTRIES, INC.

298 A.D.2d 271 (2002)

749 N.Y.S.2d 229

EDDY MEDRANO et al., Appellants, v. PRITCHARD INDUSTRIES, INC., Defendant, and HAROLD A. GOTTESMAN, Individually and Doing Business as 1120 AVENUE OF THE AMERICAS ASSOCIATES, et al., Respondents.

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

Decided October 24, 2002.

Inasmuch as defendant Gottesman was president of plaintiff's employer, he was under a duty to plaintiff, as plaintiff's coemployee, to provide plaintiff with a safe place to work. Plaintiff's exclusive remedy for the alleged breach of Gottesman's duty to him is, accordingly, to seek workers' compensation benefits; the instant action must be dismissed pursuant to Workers' Compensation Law § 29 (6). We note that any duty Gottesman...

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