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PIRROTTA v. EKLECCO

292 A.D.2d 362 (2002)

738 N.Y.S.2d 85

GIUSEPPE PIRROTTA et al., Appellants-Respondents, v. EKLECCO, Respondent-Appellant, and M.J.B., INC./ANDRETTA ASSOCIATES, INC., Respondent.

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

Decided March 4, 2002.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendant M.J.B. Inc./Andretta Associates, Inc., payable by the plaintiffs and the defendant EklecCo.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed the complaint insofar as asserted against the defendant M.J.B. Inc./Andretta Associates, Inc. (hereinafter MJB). "When an employee elects to receive Workers' Compensation benefits...

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