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NAVARRETE v. A & V PASTA PRODUCTS, INC.

32 A.D.3d 1003 (2006)

821 N.Y.S.2d 268

FERNANDA NAVARRETE, Respondent, v. A & V PASTA PRODUCTS, INC., Appellant. (And a Third-Party Action.)

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

September 26, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

While cleaning a pasta-making machine at work, the plaintiff allegedly was injured when the blade used to cut the pasta came down on her hand. The defendant A & V Pasta Products, Inc. (hereinafter A & V), moved for summary judgment on the ground that it was the plaintiff's employer, and she was thus barred by the Workers' Compensation...

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