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FUNG v. JAPAN AIRLINES CO.

9 N.Y.3d 351 (2007)

880 N.E.2d 845

850 N.Y.S.2d 359

BRENT F. FUNG et al., Appellants, v. JAPAN AIRLINES COMPANY, LTD., et al., Defendants, and JAPAN AIRLINES MANAGEMENT CORP., Respondent. (And Third-Party Actions.) BRENT F. FUNG et al., Appellants, v. AERO SNOW REMOVAL CORP., Respondent.

Court of Appeals of the State of New York.

Decided December 13, 2007.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), and Edelman, Krasin & Jaye, PLLC (Paul Edelman and Lawrence Krasin of counsel), for appellants.

Brown Gavalas & Fromm LLP, New York City (David H. Fromm, Robert J. Brown and Fred G. Wexler of counsel), for Aero Snow Removal Corp., respondent.

Polin, Prisco & Villafane, Glen Cove (Andrew D. Polin of counsel), for Japan Airlines Management Corp., respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

In this consolidated negligence action, we are required to consider the relationship between the exclusive remedy provisions of Workers' Compensation Law §§ 11 and 29 (6), and principles of agency. Specifically, we are asked whether Japan Airlines Management Corp. (JAMC), as the Port Authority of New York and New Jersey's (Port Authority) putative managing agent, may...

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