OBEN v. CHARMER INDUSTRIES, INC.


37 A.D.3d 791 (2007)

831 N.Y.S.2d 461

MURIEL OBEN, Respondent, v. CHARMER INDUSTRIES, INC., Appellant, et al., Defendant.

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

Decided February 27, 2007.


Ordered that the order is reversed, with costs, and the motion of the defendant Charmer Industries, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.

"While an intentional tort may give rise to a cause of action outside the ambit of the Workers' Compensation Law, the complaint must allege `an intentional or deliberate act by the employer directed at causing harm to this particular employee'" (McNally v Posterloid Corp...

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