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HANFORD v. PLAZA PACKAGING CORP.

305 A.D.2d 241 (2003)

760 N.Y.S.2d 31

DENISE HANFORD, Appellant, v. PLAZA PACKAGING CORP. et al., Defendants, and MORTON LANDOWNE, Respondent.

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

Decided May 20, 2003.

The motion court properly held that since the Workers' Compensation Board had determined plaintiff's injury to be accidental, plaintiff was barred under the doctrine of res judicata from bringing an intentional tort claim against the fellow employee who caused the injury (see Bardere v Zafir, 102 A.D.2d 422, 425 [1984], affd 63 N.Y.2d 850 [1984]). To permit further adjudication respecting...

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