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TAYLOR v. DORAL INN

5 A.D.3d 588 (2004)

772 N.Y.S.2d 830

ROBERT TAYLOR, Plaintiff, v. DORAL INN et al., Defendants and Third-Party Plaintiffs-Respondents. OMC, INC., Third-Party Defendant-Appellant; REACT INDUSTRIES, INC., et al., Third-Party Defendants-Respondents.

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

March 15, 2004.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff allegedly was injured while performing work at a construction site for his employer, the appellant OMC, Inc. (hereinafter OMC). OMC moved for summary judgment dismissing the third-party complaint and all cross claims insofar as asserted against it based on the exclusivity provisions of the Workers' Compensation Law (...

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